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Children's Rights Referendum

Dáil Éireann Debate, Tuesday - 12 November 2013

Tuesday, 12 November 2013

Questions (38)

Robert Troy

Question:

38. Deputy Robert Troy asked the Minister for Children and Youth Affairs the measures she is putting in place to underpin the result of the referendum on children's rights, which result has been upheld in the High Court; and if she will make a statement on the matter. [47841/13]

View answer

Written answers

The judgement in the High Court challenge to the result of the Children's Referendum was delivered on 18th October. The Petitioner was unsuccessful in her petition to the High Court challenging the Provisional Referendum Certificate issued on foot of the Children's Referendum. The Court dismissed the petition. With the consent of the parties and to allow time for giving notice of an appeal, the Judge decided to grant a short stay on his endorsement of the Provisional Referendum Certificate (as required under section 57(3) of the Referendum Act 1994). On 24th October, the Petitioner's Counsel made an application to the Supreme Court for a priority appeal hearing date.

The Court granted the application for a priority hearing of the appeal and the extension of the stay on the endorsement of the Referendum Certificate. It is anticipated that the Supreme Court appeal will be heard early in 2014. The Petitioner had also challenged, by way of plenary proceedings, the constitutionality of certain provisions of the Referendum Act 1994 and these proceedings remain before the High Court for determination.

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