THE OIREACHTAS committee discussing the children’s rights constitutional amendment is seeking an additional eight weeks in order to come up with a wording for the amendment. If agreed, the referendum is likely to take place next year.
Meanwhile, the chairwoman of the committee, Mary O’Rourke, has said she is “very pleased” that the revised programme for government specifically mentioned holding a constitutional referendum on children’s rights, “based on the work of the Oireachtas Committee on the Constitutional Amendment on Children”.
This means that the original wording put forward by the Government in 2007 is now not likely to be put, she said. “It’s up to us now,” she said. The committee had three documents to assist it in its deliberations, she said, a report from the Minister and submissions from the Children’s Rights Alliance and from Barnardos.
Two weeks ago the Minister for Children, Barry Andrews, caused consternation in the committee and among children’s lobby groups when he said that the Government’s wording was the best available. It has been widely criticised since it was first published.
This proposed amendment acknowledges and affirms “the natural and imprescriptible rights of all children” and provides that the children of married couples may be adopted, which is almost impossible under the present law. It also obliges the courts to “endeavour to secure the best interests of the child” in all adoption, guardianship, custody and access cases.
However, it has been pointed out that under the Guardianship of Infants Act, the rights of the child are “paramount” in such proceedings, and asking the courts to “endeavour” to secure them actually weakens these statutory provisions.
Ms O’Rourke told The Irish Times that the issue of obstacles to adopting children in care would be discussed when the committee meets tomorrow. There are more than 5,000 children in care in Ireland, most with foster families.
The date of the constitutional referendum is uncertain, but if agreement on the wording is achieved before Christmas it could take place early next year.
The revised programme for government also contained a commitment to hold a referendum on setting up a court of appeal, which was recommended last July by a working group chaired by Supreme Court judge Mrs Justice Susan Denham.
It is likely that both referendums would take place on the same day.