Terence Flanagan (Dublin North East, Independent)
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567. To ask the Minister for Children and Youth Affairs if he will provide an update regarding the implementation of new legislation as outlined in the children's referendum; and if he will make a statement on the matter. [41723/14]

James Reilly (Dublin North, Fine Gael)
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Legal challenges to the Provisional Referendum Certificate issued in respect of the Referendum on the 31st Amendment of the Constitution (the Children's Referendum), held on 10 November 2012, are currently before the Supreme Court for determination.

The matter of referring the 31st Amendment of the Constitution (Children) Bill 2012 to the President for signing into law, and to give effect to the Constitutional changes concerned, must await determination by the Supreme Court of the legal challenges made.

The General Scheme and Heads of Bill of the proposed Adoption (Amendment) Bill was published in September 2012 in conjunction with the publication of the referendum proposal to inform the public of proposed changes to adoption law envisaged if the Constitutional amendment was approved.

The provisions of the proposed Adoption (Amendment) Bill will change the criteria, applicable under section 54 of the 2010 Act, under which the High Court may authorise the making of an adoption order without parental consent, in the case of a child who is in the care of prospective adopters and where that child’s parents have failed in their parental duty to the child. The Bill will also provide for the voluntary placement for adoption of any child irrespective of the marital status of his or her parents.

The General Scheme and Heads of Bill of the Adoption (Amendment) Bill were published in the context of the Children's Referendum. Given the signing of the certificate of the 31st Amendment to the Constitution it would be my intention to publish this Bill and to present it to the Oireachtas.