Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Another point I would make in respect of these two provisions, which relate to the best interests and the views of the child, is that in framing them we used the term "shall". This may not seem that significant but when one considers the Constitution in general - I accept that we could be criticised in this regard - using that word creates a strong imperative in the context of the best interests and views of the child. Very often in the Constitution the word "may" is used. What we are doing is granting authority to the Oireachtas and giving it a mandatory direction to re-examine the relevant legislation if the referendum is passed in order to ensure that it meets the requirements outlined in the Bill in respect of the best interests and views of the child.

I look forward to a good public debate on the wording. I am sure the broadcasters, subject to their own imperatives, will make decisions on how to deal with this matter. The point that has continually been made by Senators is that we must ensure that people are informed. I have been struck by the range of the debate on this legislation in both this and the Lower House. I have also been impressed by the detailed knowledge possessed by Deputies and Senators in respect of this matter. The debate in which we are engaging is very different from the type of debate in which we might have engaged even five or ten years ago. There is huge interest in and knowledge and awareness of the relevant issues. In addition and in recognising past failings, there is no doubt that we want to do the very best we can in this area. I hope Senator Ó Clochartaigh will understand when I state that I am not in a position to accept the amendments.