Minister's statement: Statement by Minister of State for Children Brian Lenihan on the Supreme Court judgment in the Baby Ann case
Commenting on today's judgment, the Minister said "this was a difficult and sensitive case involving the welfare of children in the adoption process ... Conflicting claims were made for the custody of a child placed in pre-adoption foster care. The courts were required to perform the very difficult task of adjudicating on rival claims ... Today's judgment of the Supreme Court brings into focus the wisdom of the decision of the Taoiseach and the Government to propose a referendum on the status of children in our Constitution. The fact that the case took 19 days of argument in the High Court and an appeal to the Supreme Court demonstrates the complex nature of the issues involved. The Supreme Court judges have delivered separate judgments outlining their view of the law applicable to the dispute. Each of those judgments requires careful consideration ... I will be examining the implications of all of these judgments for the proposed referendum. I believe that they may have implications for the content and wording of any constitutional change. I will also examine the implications of these judgments for legislative change in the adoption code."