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Children's Rights Referendum

Dáil Éireann Debate, Tuesday - 17 December 2013

Tuesday, 17 December 2013

Questions (91)

Robert Troy

Question:

91. Deputy Robert Troy asked the Minister for Children and Youth Affairs her timeframe for bringing forward legislation to underpin the result of the children’s rights referendum; and if she will make a statement on the matter. [53852/13]

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 High Court hearing of these proceedings concluded on 12th December and judgement is awaited in the matter.

The matter of referring the Thirty-First 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 Courts of the legal challenge 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 2013 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.

It is my intention to bring the Adoption (Amendment) Bill 2013 before the Houses of the Oireachtas as soon as possible, following conclusion of all proceedings and processes relevant to the Children’s Referendum.

Separately, the Deputy will already be aware that the best interests and views of children will be central to the Child and Family Agency’s performance of its functions as set out in Section 9 of the Child and Family Agency Bill 2013 which will be enacted shortly.

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