Vol. 760 No. 2
1Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs if she will reaffirm her announcement made on the 16 February that a referendum on Children’s Rights will be held during 2012; and if she will make a statement on the matter. [15957/12]
The referendum on children's rights is a programme for Government priority. The Government recently endorsed the holding of the referendum on a stand-alone basis during the course of 2012.
Since taking office, both officials of the Department of Children and Youth Affairs and I have had a considerable number of meetings and communications with the Attorney General and her officials to progress this commitment. A draft wording is being prepared by the Office of the Attorney General in co-operation with the Department of Children and Youth Affairs. We are jointly focused on ensuring the proposed referendum reflects the deliberations and conclusions of the joint committee and the commitment in the programme for Government. The Government is satisfied that the nature of the referendum is such that it will be a stand-alone matter, to allow for a full debate on the issue and in order that the people clearly understand the proposition being put in the proposed amendment.
The precise timing of the referendum during 2012 is the subject of further consideration by the Government. However, as I have previously stated, it is its intention that the referendum will be held this year. It is my intention, in conjunction with a proposal for a constitutional amendment, to also make available the proposed legislative amendments to the adoption provisions which would be introduced based on the successful outcome of the referendum.
I have sought to consult key interests as the work on the proposed amendment is finalised. This has included the party spokesmen on children. I will continue to consult as a detailed wording emerges. It is my hope, to the greatest extent possible, that a broad-based consensus will be forthcoming to support the incorporation of children's rights within the Constitution. It is important that there be clear and reliable information available on the current position of children as reflected in the Constitution and the law and the public's understanding of children's rights. My Department is examining how such information can be captured. I look forward to working with Members of the Oireachtas in explaining these issues as part of an important campaign on how as a country we provide for the recognition and protection of children's rights.
The main purpose of my question is to seek clarity on the plans and timeline for the children's referendum. There has been considerable confusion in the last couple of weeks about whether the commitment given in mid-February that the referendum would take place in 2012 still remains in place. Did the Minister bring this to the Cabinet to seek confirmation and has the Cabinet agreed that the referendum will take place in 2012? Last week on the Order of Business the Taoiseach refused to commit to holding it in 2012. He stated no broad timeframe had been agreed to by the Government. We need clarity on this issue. The date has been bandied about and commitments were given that were subsequently rolled back on. This is an important referendum that will be key in enshrining the rights of children in the Constitution and ensuring we will have in place a robust system for child protection. Has the Minister brought this issue to the Cabinet and has it agreed on it? I can assure her of our support in the matter.
This issue has been discussed for a long time. A referendum was first promised by a former Taoiseach on 3 November 2006 at the Fianna Fáil Ard-Fheis; therefore, there were five years during which Fianna Fáil could have brought it forward. The Government recently endorsed the holding of the referendum on a stand-alone basis during the course of 2012. The precise timing depends on a number of factors - there are other referendums to be considered and as such, the Cabinet has not made a decision on the precise timing of the referendum. The Taoiseach spoke about various items of legislation, the building blocks for the referendum that must be in place, including the Children First legislation, on which a lot of work has been done, and the adoption legislation. When I entered office, I found work had not been done on that legislation. I want to ensure it is available when the issue is put to the people in a referendum, as it is important the people understand precisely the implications of what they are supporting. Equally, the withholding of information and vetting legislation are building blocks in the architecture of child protection measures and important steps as we move towards holding the referendum. It is important the public understands the current laws for children and how they will be changed after a constitutional referendum.
The Minister points out a lot of work had been done and that Fianna Fáil committed to doing this. She should acknowledge that the all-party Oireachtas committee published a final report and suggested a draft wording for a referendum in 2010. When she was in opposition, she pushed hard to have a date set and has given commitments up until now. It is important that we get this right, which will be difficult. However, when the Minister and her party make such a big issue of selecting new dates, they should not be surprised when they are asked if they are going to stick to them. She says the Cabinet has not finalised the date but that it is committed to holding the referendum in 2012. Will she give an assurance that the adoption legislation required will be finalised before the summer recess?
I thank the Deputy for his comments on his approach to the holding of the referendum. I acknowledge the work done by Mary O'Rourke as Chairman of the committee during the 64 meetings it held on the issue. There is a huge body of work in which we all took part. We are trying to draft a wording which will be as close as possible to the committee's wording. As Deputy Ó Caoláin was also a member of the committee, he knows the work that was done.
The adoption legislation had to be started from scratch, but a lot of work has been done on it. I do not have a precise date for the introduction of that legislation which is different from the tracing legislation, on which we are also working. This legislation will deal primarily with the impact on adoption, the voluntary placement of children for adoption and the time period involved if children of married parents become eligible for adoption and the conditions that would apply in such circumstances. I am not in a position to say when the legislation will be published, but there is a huge amount of work being done. I will be in a better position to say in a few weeks time when it will be published.
