THE CABINET has provisionally signed off on the wording of a constitutional amendment enshrining children’s rights, which the Government hopes will be supported by Opposition parties.
A wording is expected to be published shortly, once a minor technical issue is resolved in the coming days, a source confirmed last night.
The development has been welcomed by Fianna Fáil TD Mary O’Rourke, who chaired the cross-party committee which last February produced a report proposing a referendum and a suggested wording. Minister of State for Children Barry Andrews later said some of the committee’s wording had “unanticipated consequences”.
A new wording was agreed shortly before Christmas following discussions between Mr Andrews’s office and Attorney General Paul Gallagher.
“I truly welcome what I regard as a very important development. I understand from the Minister for Children the matter has been engaging a few Cabinet meetings, and it’s now passed the final hurdle there,” Mrs O’Rourke said.
“The Minister, I understand, will have further consultations with other interested parties but for me it would be a very real and fruitful realisation of the work of our committee.”
The latest text is understood to be broadly based on the work of the committee, which suggested amending article 42 of the Constitution in its entirety. It also draws on the text proposed four years ago by then minister of state for children Brian Lenihan, which proposed the insertion of a new article 42 (a).
Mr Andrews has previously expressed confidence that the necessary legislation to hold a referendum could be introduced in the Dáil before the Government stepped down. If the general election did not take place until late March, there was no reason why the referendum could not take place on polling day, Mr Andrews said.
The proposed legislation is not on the legislative programme for publication and enactment for the current Oireachtas session, produced by Government Chief Whip John Curran yesterday. However, Mr Curran confirmed the list was “not exhaustive”.
Two other referendums were proposed in the renewed Programme for Government, agreed between Fianna Fáil and the Greens in October 2009.
One committed the Coalition to proceeding, “subject to appropriate Oireachtas approval”, with proposals to hold a constitutional referendum to consider amending article 41.2 of the Constitution, broadening the reference to the role of women in the home to one which recognises the role of the parent in the home.
The other promised referendum was to consider the establishment of a Court of Civil Appeal to deal with the backlog of cases in the Supreme Court.
Minister for Justice Dermot Ahern had previously suggested a constitutional amendment to delete the prohibition on blasphemy when the referendum on children’s rights takes place.
Mrs O’Rourke said the children’s referendum was so important it should be held on its own when it was proposed last year that the referendum might be held on the same day as byelections.
