Madam, - The Ombudsman for Children, Ms Emily Logan, in her submission to the Oireachtas Committee on the Constitution, calls for a constitutional amendment to "give protection" to the rights of children (The Irish Times, January 31st).
She suggests that the committee should consider the rights enumerated in the 1989 UN Convention on the Rights of the Child. She states that "Ireland ratified the UN Convention on September 21st, 1992. However, this does not form part of domestic law, which is framed by the Constitution."
It is not correct for her to say that Ireland has ratified the convention. The signing and notification of ratification of the UN Convention requires that a constitutional amendment be first put to the people in a referendum. This was not done. The people did not have an opportunity to agree or disagree.
The convention was purportedly "signed" in 1990, and "ratified" in 1992, by the former ministers Charles Haughey and Ray Burke. In this regard they were acting ultra vires, in other words in contravention of the Constitution, and, therefore, illegally. - Yours, etc.,
DONAL O'DRISCOLL, Blackrock, Co Dublin.