BARNARDOS HAS criticised the Government’s proposed amendment to the Constitution to bolster children’s rights, saying it is a “dilution” of the wording agreed by an Oireachtas committee.
The children’s charity also opposes Minister of State for Children Barry Andrews’s plan to hold the children’s rights referendum on the day of the general election.
Barnardos chief executive Fergus Finlay said yesterday the proposal to hold the referendum together with the election seemed “rushed”. There was also a real danger the referendum could get caught up in a very “turbulent and nasty” election campaign.
Mr Finlay said Barnardos would provide detailed written comments to Mr Andrews this week outlining its position on the new wording. But he said at first glance the proposed wording seemed substantially different to what was proposed by the Oireachtas committee and represented quite a dilution of these rights.
He said he had particular concerns about moving certain commitments on rights to children to article 45, which is non-judiciable.
“If it is non-judiciable then it isn’t a right,” he said.
Last February an Oireachtas committee chaired by Fianna Fáil TD Mary O’Rourke produced a report agreed by all the main parties setting out a text.
However, several Government departments raised concerns about the committee’s proposals, fearing they could prevent the deportation of parents unlawfully in the State and entitle children faced with expulsion from schools to legal representation.
The Government’s wording for the amendment recognises the rights of all children but does not contain a provision that would allow the State be sued in order to have economic or social specific rights vindicated.
The commitment to the general welfare of children is expressed in only aspirational terms, and will be in article 45 of the Constitution, headed “Directive Principles of Social Policy”.
The Fine Gael front bench is due to take a formal position on the new wording shortly.
Fine Gael spokesman on children Charlie Flanagan said yesterday it was regrettable the consensus agreed at the committee had not been followed to the letter. But Fine Gael broadly welcomed the Government’s initiative. It favoured holding the referendum as soon as possible.