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Dáil
‹ Legislative Programme

Children’s rights referendum

Summary

The Taoiseach confirms that a children’s rights referendum will proceed, with the Attorney General reviewing its wording. Deputy Martin argues that it should not be combined with a presidential election, while the Taoiseach says the issue is serious and sensitive.

Enda Kenny The Taoiseach Fine Gael

The issue of children's rights is real and sensitive and there are arguments on both sides. The Government has decided to hold a referendum on children's rights. The newly appointed Attorney General will consider the decision of her predecessor and advise the Government on the wording.

The children's rights groups I met had very serious views and were disappointed about the changed wording brought in by the previous Attorney General. They made the point this wording will not do the job required in respect of children and their rights. I am sure every Member will want to do what is in the best interests of children and at the same time have a correct constitutional balance. Deputy Martin can take it that the Minister for Children and the Attorney General will look at this as a matter of priority and will take into account a continued interaction with the children's rights groups.

Whether the referendum will be held on the same date as the presidential election is a matter to be considered. I do not have a hard and fast view on that but I take the Deputy's point about the importance of both, and whether the people should be asked to decide these questions on separate days. The Government has not made a decision on this but the children's groups are of the belief it would be possible to hold a children's referendum on the same date as the presidential election.

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The reason I asked the question is that the issues pertaining to a children's referendum are serious and people from different strands of society may wish to articulate on them. When one mixes this matter up with a presidential election there is a great danger the accusation could be made that the issues are being squeezed and are without full articulation in regard to a proposed amendment to the Constitution. I do not say that is the Taoiseach's intention. In terms of good practice, unless the amendment to the Constitution is completely harmless, namely, without contention, generally speaking where there are substantive amendments to the Constitution with substantive issues involved the matter should be separate from any other. That great danger is present. Various groups will try to be helpful to Government and say they will work with it to have the matter ready for November. However, it does not have to be in November but could be before then if the Government were to agree a proposal in terms of wording, and so on.

That has always been my position. Different Governments have held such referendums on the same days as other matters but I have always had concerns about that in terms of the democracy aspect.

Comment on this
Enda Kenny The Taoiseach Fine Gael

Not only did de Valera abolish the Seanad he attempted to do so in respect of PR. Nothing is more substantive than that, as the Deputy is well aware from history writings.

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The people spoke.

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Enda Kenny The Taoiseach Fine Gael

I reiterate I have not fixed the terms of reference or composition of the convention. Other locations, for example, British Columbia, have done this from a jury list system with a representative group emerging from all the different strands. What is done is allowing citizens to have a direct input into the way their country is run, with recommendations being offered which a government then considers. This matter will return to the House for discussion. I would like to hear the views of Deputies about how this can best be done in the interests of everybody.

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