Government warned not to rush referendum on child protection

Former Supreme Court judge Catherine McGuinness has warned against the Government rushing into a referendum on child protection…

Former Supreme Court judge Catherine McGuinness has warned against the Government rushing into a referendum on child protection in the months leading up to the general election.

"I agree that the important thing is to get it right rather than rushed before the general election. At the same time, I don't want to see it move off into the middle distance," she said.

Mrs Justice McGuinness, who was speaking at the launch of a children's rights policy document by children's charity Barnardos, emphasised the importance of ensuring that the Oireachtas and the public have time to fully debate and understand the effect of the proposed amendments.

The Government is due to publish the wording of the proposed referendum on child protection and children's rights next Monday amid increasing signs that the plebiscite will be delayed until after the election. Both Fine Gael and Labour have sent strong signals that there is not sufficient time to debate the manner.

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Barnardos chief executive Fergus Finlay expressed concern about holding the referendum on the same day as the general election.

He said the issue of children's rights would get drowned out by other pressing matters in the middle of an election campaign, ensuring the referendum would be one of the "least debated" constitutional amendments.

"It may well be that the right and appropriate thing to do now is to publish the results of the Government's deliberations in the form of a Bill, to then set about establishing the maximum degree of debate and participation, but to wait until after the election to secure the enactment of the Bill and the holding of a referendum."

He said this debate needed to take account of the broader picture of children's lives in Ireland.

Barnardos' policy document on children's rights points out that one in nine children lives in consistent poverty, which includes inadequate nutrition, heating and clothing. Such poorer children have a much higher chance of leaving school early, with severe numeracy and literacy problems.

It also cites an ESRI study which shows that among the world's richest countries, there are only four nations with a higher rate of child poverty than in Ireland.

Mr Finlay said: "We need to give children a place and a voice in the development of public policy as a whole, and not just in relation to very particular areas.

"We cannot address the issue of child poverty through the Constitution, but neither can we address it if those responsible for health, education, housing and family incomes policies are not fully alive to the rights and needs of children.

"Natural and imprescriptible rights might not mean a lot when they are first published. They must come to mean more through public debate and understanding."

Mrs Justice McGuinness said she welcomed the Government's planned referendum, and said the need for children's rights, independent from their parents, was vital. Such an idea might be difficult for those in happily married families to understand, but was important for children living in less-privileged settings.

Also speaking at the launch, UCC law lecturer Dr Ursula Kilkelly said Ireland now had an unprecedented opportunity to lead the way internationally in the field of children's rights protection.

"Much can be learned from international experience and from the Convention on the Rights of the Child about how best to protect and promote children's rights, now and in the future. Are we willing to learn these lessons?"