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Dublin: 9 °C Friday 24 May, 2013

Kenny: As Taoiseach and as a father I’m asking people to vote yes

Fine Gael today launched their yes campaign for the children’s rights referendum in Dublin, which is set to take place on 10 November.

Nicole Jones (7) from St Audeons National School at the launch of www.chilrensreferendum.ie earlier this month.
Nicole Jones (7) from St Audeons National School at the launch of www.chilrensreferendum.ie earlier this month.
Image: Sam Boal/Photocall Ireland

FINE GAEL HAVE today launched their Children’s Referendum campaign, ahead of the vote on Saturday 10 November.

The director of elections for Fine Gael, Leo Varadkar, had last week said that the party would spend €150,000 in support of a yes vote.

An Taoiseach Enda Kenny urged people to “go to the polls and make history.”

As Taoiseach and as a father I’m asking people to do exactly that; to come out in force and vote Yes. This Referendum is about giving children a chance; a second chance.

Also speaking at the launch was the Minister for Justice, Equality and Defence, Alan Shatter TD who said:

We have come through two decades of shocking revelations about children – their physical and sexual abuse and neglect, failures of church and State and legal confusion as to the importance to be attached to child welfare when serious issues arise over a child’s future or children at risk.

Making reference to the Status of Children Act 1987, Shatter said that despite its enactment, “we have continued to constitutionally distinguish between children born within and outside marriage.”

In our care system we have over 2,000 children in long term foster care (that is, for in excess of 5 years) many with no real prospect of being properly cared for in the future by their biological parents or a parent and our Constitution denies to them the opportunity to be adopted and experience a legally secure family life.
We have seen varied judicial approaches in our courts to the issue of children’s rights and the weight to be attached to such rights and to a child’s welfare when crucial decisions are being made about a child’s future.

The amendment, should it succeed, will be the 31st to the constitution and will, according to Shatter, afford “express constitutional recognition to children’s rights.”

The Minister for Children and Youth Affairs, Frances Fitzgerald TD, said that the referendum was about “protecting children from abuse and neglect”.

Ultimately it’s about Children; because Every Child Matters. Saturday is very busy day for many. But I hope as a nation we will all find time to cast our vote in this Referendum and I would call on all in our Party to help get the vote out on Saturday 10th November.

One attendee, Wayne Dignam, who is a board member of the Irish Foster Care Association, grew up in state care. He also believes in voting yes.

I was born into a difficult family situation as my parents could not look after me. Due to exceptional circumstances, I was first taken into State care when I was three. By the time I was eight I had lived in various foster homes and residential homes.
In spite being in need of protection from the State, I was continually brought back to my family to unsafe and difficult circumstances, because the law said that I had fewer rights than my parents.
The law presumed my best interests were always within my family, despite the very clear evidence to the contrary. For too long, various strands of society have turned a blind eye to this issue.

Read: Experts weigh in on Children’s Referendum >

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Comments (68 Comments)

  • Better read the small print !

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  • Oh god! T shirt & co recommending a yes vote. Guess I Better brush up on the full details before deciding.

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  • You need a license to catch a fish, own a dog or a tv but anyone no matter who they are can have legal entitlement to their kid no matter what that might mean for the kid. Vote yes.

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    • are you suggesting that people should have to get a licence to have children? sounds very orwellian to me.

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    • Barry 15/10/12 #

      Lets not forget that the catholic church won’t allow you get married unless you do a marriage course….but again no course required for having kids.

      Makes sense right across the board!

      Raising children doesn’t come natural to people, thats evident when you look at the lack of raising that some children get

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  • Is there anywhere I can get an unbiased opinion on this, it all seems like a good idea, but I’m very nervous of anything this government takes a position on.

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    • This sort of attitude really annoys me. The government suggests something so instantly you’re against or disbelieving of it. Are you really this cyncial? Have a quick look at the internet and you’ll find that practically every single children’s organisation is in favour of this amendment. Some don’t think it goes far enough but that’s not a reason for them to be against it.

      Why not start with http://www.yesforchildren.ie/ which is a combined website for Barnardos, Children’s Rights Alliance, ISPCC and Campaign for Children. Maybe you might believe them.

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    • My cynicism your naivety with that lot. ill check out those groups though.

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    • You should start off by reading the proposed text. Then go to the referendum commision website when it’s set up – they give both sides. All broadcast media arguments you hear must give equal time to both sides.

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    • Actually broadcast media don’t HAVE to give equal rights of time in an overall sense. RTE have already said that while they will ensure that any direct discussion or debate programmes on the referendum will have balance they do not think that they are obliged to do the same in general news coverage.

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    • @jim Walsh: what really annoys me is gullible people who believe whatever the government spout should be taken as gospel, the wording is open to lots of interpretation this is not something that can be got wrong by parents as you are obviously going to vote yes, please do not try enforce your opinions on others btw I am undecided and open to persuasion.

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    • @Ian Martin – Do you also disbelieve the opinion of almost every children’s agency in the country as well then?

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    • @jim Walsh: If the state decides that our children need a “new vaccine” and it’s in the child’s best interest and you don’t go along with it what then ?

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    • Actually Jim I think you might find it was a government minister who said that and not RTE.

      Kenny and co advising a yes vote? Think I will need to read this proposed amendment carefully.

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  • Am afraid Kenny & Gilmore have lost all credibility….they should have known well that they would need the electorate on side for this referendum before they shitted out on all their election promises.

    ..think they are gonna get a whooping

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  • Alan Shatter ”We have come through two decades of shocking revelations about children – their physical and sexual abuse and neglect, failures of church and State and legal confusion as to the importance to be attached to child welfare when serious issues arise over a child’s future or children at risk.”
    Yes we have and what is described here is a failure on the part of the state ! Any way I am looking forward to the debates to come .,

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  • Do children not already have constitutional protection and rights, as does every citizen in this country? Why is any of this necessary?

    Systemic child abuse etc happened because of the power the church held while authorities,gardai, health services failed to enforce existing laws.

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    • Not entirely true. While I’m not dismissing what you say about child abuse and the failures of the state the fact is that children have no entitlement to be heard in their own right in court and in administrative hearings that directly affect them. There is no mention of children in our constitution and so they actually have less rights than adults. That’s what this amendment is designed to address.

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    • siobeli 15/10/12 #

      No they don’t, one example is that children of married parents are treated differently from children from unmarried Parents.

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    • I thought this too , but the new wording of the referendum ,as I have read it, does not challenge the failings of the state . It focuses more on adoption of children born to married people and or forced adoption of same… Enda should not mix his two rolls , he is a dad , and probably a good one but his function as a public servant as taoiseach is abysmal.

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    • Oh Eileen, get off your anti-Enda horse. This has nothing to do with the referendum.

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    • Jim Walsh
      Have you read the new wording for the referendum ? Have you read the crrent wording , 42.5 of the constitution . Compare the two and then come back and nag !

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    • Perhaps then you’d like to explain why every children’s agency is in favour on the referedum then Eileen. Or are they all just wrong as well?

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    • Any deficiencies can be legislated for without the need to change the Constitution. There are implied rights in the text which have been recognised before and implemented such as marital rights, etc.

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    • Not true. There is no such thing as an “implied” right as far as the Constitution is concerned. It’s either there or its not. And the law of the state must be in line with the Constitution.

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    • You are wrong Jim Walsh – the text protects the life, person, good name, and property rights of every citizen. Implied rights are derived from it.

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    • Implied rights are already there and need to be there … But like I said earlier I will not decide just yet how I will vote . I want to hear more and I look forward to informed discussion and debates. I will study the wording as I believe each word counts when it comes to a referendum. It is all not as clean cut as I would like and I see it as anti family and pro forced adoption .

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    • Jim Walsh .
      Enda started it ! I am a mother and IF I said vote Yes does that make me qualified ? No it does not . As taoiseach he is terrible , as a dad well I am sure he is good but that does not qualify him to advise us . Likewise if he said he is a teacher vote yes I would still question his qualifications … The state failed children in the past , they failed parents , and I would just like to hear more through discussion.

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  • Well Jesus. It’s about making sure at risk children are not released back into the care of their parents if this puts them at risk again simply because the are their biological parents. Read the article again.

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  • Well jim I’ll gladly tell you what you can do with yourself… !!!!
    I have been bullied into treaties that we eere told “it’s for your own good and you voted wrong so do it again” and this shower have shown me @#&%#@& nothing but bikkering and pointing the finger at each othrr so YES I AM CYNICAL !!!!! and will be until any elected representitives do what they promised.
    I am one of the people that actually got off my arse and voted and thanks to the cuts and draconian budgets and other “hard decisions” it looks like I will have to close my business and become a taxpayer.
    So condecending people like you can sit and go tut tut….

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  • to many children die in state care..to stop children dying in the care of the state..sorry kenny .im voting no.

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  • Nydon 15/10/12 #

    No daddy Kenny, and you can’t make me either – so there!

    Seriously though I’ve no idea what the referendum is all about.
    I usually do at this point in time but not for this one. Saw 3 posters urging a yes today but no sign of a no. The no posters usually give an indication of worst case scenario for a yes vote so it’s a bit of a loss not to have a starting point. Where’s the Devil’s Advocate Party when you need them?

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  • Remove the debt from all children born and about to be born Kenny and we’ll think about it.

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  • If I vote Yes, what’ll change after the vote to improve Childrens lives? If it’s nothing, then it’s No!

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    • Stephen

      This is not the place to seek an understanding of the upsides and downsides for children rights as proposed by this Constitutional amendment. I’m surprised that you would seek advice here. Why not simply read the wording of the proposed amendment and listen to the Debate as it unfolds and inform yourself as to the relative merits of each side. Remember that nearly every single NGO and political Party asks you to vote yes. There must be a reason as to why the argument seems so one sided.
      When you’ve educated yourself please feel free to come back and comment.

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    • Paddy, I’ll study and listen to the legal implications privately. But my question is, Are the funds there to back up the new changes?

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    • vote no..it makes perfect sense..the law is there already to protect children..if you vote yes it dosent give more protection..it gives more control…vote NO..

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    • I was voting No anyway, if there’s no Funding to back up this paper tiger? What is the point of having a bit of paper with a rule written on it, If there’s nothing to back it up?

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  • If kenny or any of his mates are suggesting a yes vote I am going to get as much unbiased information on the issue and make my own mind up.
    I like a lot of the electorate have no confidence or trust in any of them at all.

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    • Since you’re so cyncial why not start with http://www.yesforchildren.ie/ which is a combined website for Barnardos, Children’s Rights Alliance, ISPCC and Campaign for Children. Maybe you might believe them.

      Not everything the government suggests is wrong and people really need to stop being so ridiculous with such attitudes.

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    • Make that Roman Catholic organisation illegal. That’s the first thing that needs doing, if we want to protect our children. I still see parents marching their kids to mass every Sunday. What kind of people are they?

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    • @Jim Walsh, the word child is mentioned in the constitution 4 times , the childrens charities you espouse are for – profit based organisations who receive vast sums of money through their various agencies, as in Barnardos Gaurdian-Ad-Litem services , Barnardos are the subject of a $400 million lawsuit in Canada at the moment for their part in trafficking children from Britian to work as slave labour, a practice that continued up into the 80′s , so they are hardly qualified to speak for Irelands children. I suggest you read the United Nations Charter on the Rights of the Child, that is the driving force behind this referendum, it is also Childrens Rights Alliance mission statement that they want full implentation of the UNCRC , now if you think its a good idea for 5yr old children be taught about masturbation and homosexuality, 9yr olds about abortion, 12 yr olds guranteed by international law the right to access of contraception and abortion, sterilization, euthanasia, electro-shock therapy among other things. You must also think it proper that a child is gauranteed access to information despite its content, freedom of association with people of any age of their own choosing, seriously fella do yourself a favour, read the UNCRC and see what exactly you are voting yes to.

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  • siobeli 15/10/12 #

    There seems to be an obsession regarding ‘forced adoption’….the issue of adoption is where by a child in foster care can be adopted by their foster parent, if the CHILD wants it…the provision states that there has to be complete abandonment of the child for 3 years…ie the parent has had no contact whatsoever….how is that bad? That a parent who hasnt gone near their child will lose their “right” while the child has the right to a new family?
    Also people need to stop focusing On the economy/bailout…these changes have been in the pipeline for 20 years!!!

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    • I thought the abandonment clause already applied? That where the parents couldn’t be found or had completely abandoned their positions as parents there was legislation already there that would allow the child to be adopted. As for the children in long term foster care who want to be adopted as they are in ‘legal limbo’ I would like to know the stats. How many children want to be adopted but also how many foster parents want to adopt them. Just looking at it objectively if I was fostering a child and getting 350 odd for him/her would I want to give up this money to adopt this child? If I was then on benefits I would only get 29 euro for the child per week. I could give the child a much better upbringing with 350 per week than 29 or nothing. Really we are not getting any stats from the YES side re how many children are affected as against the sweeping new powers the state will have to affect the lives of all children.

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    • complete abandonment ..and your child can be adopted off..what if the ‘state’ stop you seeing your child for three years….think about that..you dont see your child for the three years..child is adopted…by voting yes..YOU give the state the power/right to stop you seeing your child…

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    • siobeli 16/10/12 #

      I work with young people, many in care, I don’t have stats but I have dealt with 4 cases in last 3 years where children (teenagers) and foster parent wanted to adopt. None went thru as biological parents blocked it- to devastation of the kids and foster parents. Biological parents who treated their children like shit when they had them.
      Any parent not allowed to see their children is not a decision taken lightly. People seem to forget this is a children’s rights ref!!!! In my career I have never seen or heard of a parent barred from seeing their child. I dealt with a reg sex offender who was allowed surpervised access to his child!!!
      There is all this scare tactics of your child will be taken away….have you met or do you Know anyone in care? Listened to their story?

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    • Thanks for the reply Siobeli that is interesting and you have met a number of people in this position. I knew two brothers who were fostered for years and were hoping their foster family would adopt them. The family explained to them that they wouldn’t as their own children’s inheritance would be diluted. I also know of someone who fosters and has recently given up his business as the fostering was so luctrative. He has moved rental accommodation twice in the last two years to ‘fit more in’. These people operate it as a business. The other case I know is a grandmother fostering her daughter’s child. She receives significantly more from the State to mind the child than her daughter would so they are happy with the situation. So in a nutshell I havn’t come across situations where teenage adoptions are prevented from taking place. The devestation that is felt by the kids and their foster parents that you describe can you explain more. What can’t now happen in that family? Is it inheritance? Or is it permission for medical procedures, next of kin situations?

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  • Amendment is designed to address children’s rights.. do really need a costly way to do it! Change it and increase transparency to protect the children.. alot of children died under care of the HSE umbrella but details of these deaths went unanwsered.. WHY? Lack of transparency..Will this change anything? I need to hear this debate and read the proposeded amendments. I feel very sorry for the children (also now adults) who have not been protected in this country..what a disgrace!

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  • JakkiB 15/10/12 #

    I really worry about this one, The sheeple wont do their own research and media is bias, No offence but I trust nothing from this Government and people need to get real on this one as we are not talking “The Euro” Or “The Banks” we are talking children, Our children and Grandchilden so please people do some research on this one and question everything…

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  • If kenny says vote yes,I’ll be voting no.

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  • And if you don’t vote yes sis Inda, there will be no money to pay the teachers and guards etc.

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  • Surely a referendum on children is like asking who’s in favour of world peace! Although to be fair I have no idea what I’m being asked to vote on and more importantly what difference it will actually make.

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  • Save the Children, Vote NO. |

    Vote NO for Democracy and Freedom and to save the children from the State.
    The Irish Government , with the support of all the Irish political parties including all the opposition , are running a national referendum in Ireland on Saturday next November 10th to give the State more control over the children of Ireland in opposition to existing parental rights, even though the Irish Constitution already protects children , where the State has always dismally failed to do so.
    Those of us concerned citizens opposing this are being overwhelmed by mass organisation, mass media and postering across Ireland right now by ALL the Irish political parties with all the politicians ganging up on the people, we feel that this is the final solution by the State and the politicians to all dissenting voices in Ireland.
    Thus we the people , with no organisation, no political party left, are fighting to the finish for Democracy and Freedom of Choice to be maintained in a Free Ireland, and that our children be saved from State despotism and Dictatorship.
    Save the Children, Vote NO.

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  • I accept that there should be protection for children against abuse in their family homes – however when children are put into state care, who is protecting them from the sexual and physical abuse from the state appointed carers? What rights do the children and their parents have then, especially if a parent decides to enter their child or children into state care for their child’s own protection? Not enough is being done about making the state responsible for these cases, why does the abuse of children in care get undetected for so long, and then swept under the carpet like nothing has ever happened…..The State need to take responsibility and the parents of the children who have been abused while in state care, should have the right to take legal action against the State without prejudice. It seems to me that the government are offering children the chance to have there say, however there are so many conditions attached, their words and feelings may not have any bearing on what is decided to be with in the best interest of the child. As I said I’m all for protecting the child from abuse in their own homes, but i’m sure that Godparents, Grandparents, Uncles, Aunts, Brothers, Sisters, extended Family members, legally appointed guardians, should first be approached and assessed to see if they can provide and protect a child before entering them into state care.

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  • Nydon 15/10/12 #

    @ Barry. Thanks Barry. Taking the place of the fictional Devil’s Advocate Party for a minute then..
    Wouldn’t this clause ” 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, or

    ii concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.” be a problem for Right to Chose people and a possible future referendum if the Right to lifers got the definition of a Child to be defined as a being earlier in its development than when abortion is allowed in England? Would that be possible?

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    • Alien8 15/10/12 #

      It is about time someone started showing the drivers, repercussions and alternatives for this change. A website called “yesforchildren” is never going to be unbiased, no matter how good the contributors are. My worry is that this change is protecting something that is not explicit in the text, and as said before after reading, seems to once nitrate on removing children from their parents, but not having to state why.

      The example in the last post brings to mind a lot of questions: if one of my daughters was raped,pregnant and suicidal, would this amendment remove the child from my care if I was facilitating a termination in the uk, under the auspice of protecting the child, or worse, the foetus? If I had a brother or sister who had a child and then came out, would their ex-partners family be able to request the state take the child into care under some vague “best interest of the child” interpretation.

      I am sorry, but (barring the recent incest case) the history of raping and murdering children in care, and by state assisted organisations were covered by the law already (but cynically ignored) and this rewording does nothing additional to protect those ex-children or any future child.

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    • Alien8 15/10/12 #

      “Once nitrate”autocorrect for “concentrate”. really?

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  • Kenny and Gilmore take note that we will vote YES in the childrens referendum but it certainly wont be because you say so.

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  • can’t parents mind their own children anymore? the wording on this referendum will be so vague and the true meaning will be to shaft families no doubt, why bother have a referendum? if it aint broke don’t fix it,

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