Seanad debates

Wednesday, 3 October 2012

Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage

 

11:45 am

Photo of David CullinaneDavid Cullinane (Sinn Fein) | Oireachtas source

I thank the Minister for her frank and genuine response. We accept that to interpret the wording that goes into the Constitution from a legal perspective might be different from the intent that any party or individual may have in terms of wanting to put a formula of words into the Constitution. It is then the Minister's responsibility to interpret what that will mean. I accept that. The Minister mentioned the word "cherish". That word was in the original agreed wording from February 2010, which reads, "The State shall cherish all the children of the State equally". I accept what the Minister has said in respect of the word "cherish" but our amendment seeks to include the word "equally". We want to ensure the equality principle is clear and explicit in the wording.

In addition, we want to make it patently clear for those who adhere to and will have to implement the constitutional amendment, that we mean equality and treating people equally. It is important that we have a frank, open and fair debate on the issue. We do not want the debate muddied by, for example, not having the 50:50 referendum coverage. Although not strictly related to the amendment, I take the opportunity to say to the Minister that we should not be afraid to listen to people who have alternative views and to challenge them, where necessary. It is important that all parties accept this and will make the arguments. For those who make the case against, if there is 50:50 coverage those who favour the passing of the referendum should have no fear. Although some Members said yesterday they were in favour of abolishing the 50:50 coverage, I am not in favour of doing so. It would be unfair to use the children's referendum as an opportunity to do that.

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