Dáil Éireann Debate, Tuesday - 25 March 2014
959. Deputy Robert Troy asked the Minister for Children and Youth Affairs to detail the legislation or initiatives that have been put on hold owing to the court challenge to the children's rights referendum; and if she will make a statement on the matter. [13577/14]
View answerThe judgement in the High Court challenge to the result of the Children’s Referendum was delivered on 18 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 and the Petitioner’s Counsel made an application to the Supreme Court for a priority appeal hearing date. The Supreme Court granted this application and the Hearing date is to be advised.
The Petitioner had also challenged, by way of plenary proceedings, the constitutionality of certain provisions of the Referendum Act 1994. The Court Hearing of these proceedings was held in December 2013 and the judgment is awaited.
I would point out that the Child and Family Agency Act 2013, passed by the Oireachtas in December 2013, makes provision relating to the best interests and views of the child in the performance of the Agency's functions.
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 birth 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.
The Deputy will also be aware that the Minister for Justice and Equality recently published the General Scheme of a Children and Family Relationships Bill. As the Minister stated in the press release which he issued in that connection, the proposals in the General Scheme seek to ensure our law reflects the principles, rights and obligations contained in Article 42A - if upheld - of the Constitution.
