THE GOVERNMENT is expected to hold a referendum on the rights of the child next year following all-party agreement on the wording of an amendment to the Constitution.
Mary O’Rourke TD, chairwoman of the Oireachtas committee on children’s rights, said yesterday the committee had finalised the wording of the amendment. She said all-party consensus had been achieved and the proposed wording would strengthen the rights of children in Ireland.
“We feel this text is more robust than the previous proposal and will give an aura of certainty regarding the rights of children,” said Ms O’Rourke, who added that €3 million had been set aside by the Government for the referendum.
The wording of the amendment to Article 41 of the Constitution will not be published until the end of January when the committee will hold its next meeting.
But it is understood to address the issues raised in the “Baby Ann” case in 2006. In this case the Supreme Court ruled that a two-year-old girl should be returned to the custody of her birth parents from her adoptive parents when they withdrew consent for her adoption. The case highlighted that the rights of children are subordinate to the rights of the family under the Constitution.
The proposed constitutional amendment should make it possible for people to adopt the children of married couples, sources told The Irish Times last night.
The Oireachtas committee was set up in November 2007 to agree recommendations for a referendum on child protection and children’s rights. A previous proposal for an amendment to the Constitution on the rights of children was deemed insufficient.
But getting all-party consensus on the wording of an amendment has proved difficult, with Fine Gael pushing for it to restore the law on statutory rape.
The law, which made it impossible to put forward a defence of mistake as to the age of a child, was found to be unconstitutional in a landmark Supreme Court case in 2006. Fine Gael initially argued that a referendum was vital to restore the statutory rape law and maintained the age of consent should be kept at 17 years.
However, the committee has recommended that rather than seek constitutional change, legislation should be introduced to protect children from adult sex predators. This difficult debate caused a lengthy delay to the work of the committee, which is expected to be disbanded following its meeting in January.
Fine Gael TD Michael Noonan, who is vice-chairman of the committee, confirmed yesterday that agreement had been reached on the wording of the amendment.
Minister for Finance Brian Lenihan announced in this month’s Budget that €3 million had been set aside for the Department of Health and Children to hold a referendum. A final decision on the referendum will be taken by the Cabinet when it formally receives the text of the amendment from the Oireachtas committee next month. But this is expected to be a formality.
The Government is expected to consider holding a referendum on reducing judges’ pay at the same time as the proposed referendum on the rights of the child.