Children's referendum must reflect 'middle Ireland'

The proposed referendum on children's rights should not be put to the people, unless it first receives all-party agreement, the…

The proposed referendum on children's rights should not be put to the people, unless it first receives all-party agreement, the new chairman of the Adoption Board has said.

Geoffrey Shannon also warned that unless the referendum was held next year, the opportunity to do so would be lost and "it could be another 10 years" before the opportunity arises again.

The referendum will allow the Oireachtas to legislate for a range of areas to enhance children's rights and also contains two provisions relating to adoption.

Mr Shannon, a solicitor and child law expert who was appointed chairman of the Adoption Board last week, said the framework legislation balanced the rights of both parents and children.

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Plans to hold the referendum were drawn up earlier this year, but were shelved in the run-up to the June general election.

Some groups, including the Opposition, had expressed reservations about the referendum wording. Political parties also did not want the referendum mixed in with the election.

Mr Shannon told The Irish Timesthat some felt the legislation did not go far enough to enhance children's rights.

"Some at the more liberal end say the legislation should be more robust in terms of the rights of the child," he said, but he feels this isn't possible.

"The proposal must be pitched at middle Ireland," he said.

"It would be lamentable if there was political posturing about it," he said.

He said if people thought the legislation would significantly undermine the rights of parents, then there was "a real danger" that the referendum would not be passed.

Mr Shannon, an independent legal expert in the area of child law and child welfare, called for a strong campaign to educate people about what was being proposed, in the run-up to the referendum.

"It is about educating parents about the need for change, eduating them about the need for children to be heard, to have their rights heard," he said.

Last week, Taoiseach Bertie Ahern indicated strongly that the referendum could take place next year, probably in June at the same time as the European Union treaty referendum.

Mr Shannon said next June was "an achievable date".

He called on people "not to play lawyers" regarding the wording and for all political parties "to communicate a single message on the need for change".

He said he hoped the Opposition parties would play an active role to ensure the referendum succeeded.

Mr Shannon said he feared that if the referendum was not held next June, then it would end up being eclipsed by some other issue, and the opportunity would be lost.

The referendum includes constitutional changes to ensure the best interests of children apply in court cases relating to them and introduces a uniform standard of child protection for all children, regardless of their parents' martial status.

The referendum makes provision for the children of foster parents to be adopted by those foster parents. At present, this is extremely difficult, and is possible only under very exacting criteria, when the natural parents are married but the child is fostered.

Mr Shannon said four reports, from as long ago as 14 years, had recommended that new legislation be enacted to allow foster children to be adopted by their foster parents.

He said the majority of foster children wanted this, but were denied this opportunity.

"Already a generation of children has grown up without this legislation being put in place," said Mr Shannon. "Let's ensure another generation does not have to grow up without it."

Mr Shannon, who was appointed to the Adoption Board earlier this year, was appointed chairman of the board last week, replacing Judge Jim O'Sullivan.

In 2003 Mr Shannon was retained by the Department of Health and Children as an independent legal expert to facilitate a wide-ranging consultation process on future developments in adoption legislation.

This legislation is due to be passed by the Dáil shortly and will greatly strengthen the board's role. It will ensure that inter-country adoptions take place with countries which adhere to agreed international standards