Fianna Fáil to Support Long Awaited Children’s Referendum – Troy

Posted on 19/09/12 by Robert Troy

Spokesperson on Children Robert Troy has said his party will be calling for a 'YES' vote in the Children’s Referendum on November 10th, following the long awaited publication of the wording of the proposed amendment.

“Given that the wording is almost identical to that proposed by our Director of Elections Barry Andrews and agreed by the previous Government in January 2011, Fianna Fáil will be supporting the proposed Constitutional and mounting a vigorous ‘YES’ campaign.

“I will be working alongside Barry and the Fianna Fáil parliamentary party urging our own members and the public at large to support this important change to the Constitution. Simultaneously, I plan to make a strong case to the Minister for adequate resources to be put in place to support the measures introduced by the change, including additional social workers and child protection structures.

“It is a matter of fact that significant progress has been made in the area of child protection over the last 10 years. This constitutional change is the natural next step in that process.”

The following is the text to the proposed changes to the Constitution:

Thirty-First Amendment of the Constitution

PROPOSED NEW ARTICLE 42A

Children

1. The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.
2. 1° In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
   
   2° Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.
3. Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.
4. 1° Provision shall be made by law that in the resolution of all proceedings-
   
   i brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, orii concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.
   2° Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.