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Dublin: 11 °C Tuesday 21 May, 2013

Minister asks RTÉ to reconsider 50-50 rule for children’s rights referendum

Michael Noonan says rules on balanced coverage should not require RTÉ to “invent” opponents to the children’s rights vote.

A CABINET MINISTER has called on RTÉ to reconsider its usual protocol of ensuring that both the Yes and No side in the forthcoming Children’s Rights referendum will be given equal prominence and airtime.

Michael Noonan made the comments in the Dáil this morning during a debate on the referendum, which is due for six weeks’ time.

Following a Supreme Court ruling in 1995 – where it was ruled that state spending in favour of either side of a referendum was an illegal use of public funds – RTÉ introduced a strict rule where each side of a referendum campaign is equal prominence and air time.

This is particularly enforced through the abandonment of party political broadcasts for referendum campaigns, with the impartial Referendum Commission instead being responsible for broadcasting informational slots.

“As long as the coverage is fair and balanced, it seems to me that the broadcasters are in their rights of coverage,” Noonan said this morning – fearing that RTÉ may have to “invent” opponents to offer balance.

In a referendum such as this where [...] practically all members of the Dáil and Seanad, and the NGOs who are most interested in the care of children, are all advocating a Yes vote – it seems to me to almost invent opponents to the amendment, on the basis of giving 50 per cent of the time to a non-existent set of opponents, is a very perculiar way to approach this.

The minister said he could not foresee how the Supreme Court ruling could apply to RTÉ’s news coverage, and shared his belief that any balanced debate – including that being held in the Dáil this week – would fulfil its news pligations.

Presenting the facts and the issues

“I don’t think the Supreme Court judgment is intended to apply to news and I think they have a whole area in news where they can help the public debate by presenting the facts and the issues,” Noonan said.

The minister offered an implicit criticism of RTÉ for not including segments of the Dáil debate in last night’s news bulletins. Portions of the debate were included in last night’s edition of Oireachtas Report, however.

The Irish Times today reported that RTÉ senior executives will meet tomorrow to discuss how the broadcaster will cover the referendum, given the widespread support for the referendum with only a small number of groups – including Kathy Sinnott’s Alliance of Parents against the State – opposing it.

It is possible that the national broadcaster could decide to provide only limited coverage of the referendum – a move which would ensure that both sides were given an equal say, while also ensuring neither side was given time disproportionate to its popularity.

Formal rules on offering balanced coverage cannot be applied until a polling order for the referendum has been issued; this in turn cannot be signed until the Oireachtas has completed its consideration of the legislation triggering the referendum.

The Dáíl is due to complete its consideration of that legislation this week, with the bill then going to the Seanad next week.

Read: Near consensus – but here’s why both sides will get 50/50 coverage in the Referendum

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Comments (63 Comments)

  • The 50/50 rule is fundamentally a good one. No reason at all to suspend it.

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    • Cannot suspend it. Court ruling.

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    • I don’t think he asked RTE to suspend the Policy. I believe he asked the Organisation to avoid creating an artificial opposition to a widely accepted proposal where none seemed to exist formally at present.

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    • I disagree. When Most sane people support a long-overdue change to protect children in this country, our PSB is forced to seek out a few loonies who oppose it just to conform with the rules.

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    • People have a right to be heard, even if the majority think their views ate “loony”. I’m fully pro-choice, but I’d never refuse the pro-life movement their right to air their views. But it doesn’t mean RTE needs to dig out some “anti” people. Instead, it means less “pro” coverage, which, if the majority have already made up their minds, is no great loss. But presenting only one side exclusively is not on.

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  • Wouldn’t be the first time RTE invented stuff out of thin air.

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  • the point is this; the McKenna judgment stops government spending taxpayers money on promoting what the government wants. it is non negotiable.
    if an exception is made for the referendum on children the floodgates will open

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    • Very simple. Let the Dail put forward it’s case in the Dail and not enter into Public Debate. That will silence RTE but upset them because they won’t have the juicy current affairs programmes that cost nothing to make and they can oversell advertising!
      That’s where the real conflict lies.

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    • Tús Nua 02/10/12 #

      @Paddy this is a extremely important referendum and needs to publicaly debated

      Reply
  • alan 26/09/12 #

    firstly he shouldnt assume the outcome

    secondly, if as he implies, there is no opposition then there will be limited debate. so, he will get half of whatever they decide on (which, if we are to believe his reading of the situation wont be much). if its a done deal then obviously there will be little discussion?

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  • Excuse me Minister, why? Because you think there’s only one way to vote? I’m sure I’ve heard that somewhere before it the annals of history…

    There’re are surely legal arguments to be heard as to the necessity or otherwise of altering our Constitution. To assert otherwise simply because the “important people” are happy with it quite frankly smacks of something society shouldn’t tolerate.

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    • I don’t think anyone should be either entitled to an opinion or a hearing on this matter unless there is some chance of being able to know who they are. Mehoop is not a name that can be found in directories or State registries such as Births Marriages and Deaths. So why do you hide behind such a name and are you representing anyone other than yourself?

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    • I can call myself what I want, son of Buck. I didn’t realise that this website required PPS numbers to verify identity prior to commenting.

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    • Mehoop is not a name that can be found in directories or State registries such as Births Marriages and Deaths.
      .
      are you referring to persons from this country. Or all across the world?
      .
      What about Wening Wulandari from Indonesia, are they allowed to have that name and comment on here. ?

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    • Same FG / FF / Labour wasters using primitive arguments to try and change opinion.

      I’l debate with them, put me on air the suggestion of “no one supporting the no vote” is to support their yes vote.
      I’ve contacted the Parties, Agencies and Companies in favour of this referendum and the not so funny thing is not one of them actually says this referendum is about giving rights but in in fact to make the adoption process easier, they go on telling the people its about rights but the underlining text of this referendum will give the Private companies that have taken over the role of the HSE in fostering, adoption and care mean to profit from children being taken into care.

      In the UK the same laws are being thrown out as we speak that have EU governments bring the UK to court over what they have called “child snatching laws” It’s also worth noting the private companies here are UK owned not Irish.

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  • minister asks state broadcaster to break the law in favour of the government.

    do we live in north Korea?

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  • The Main problem I have with this referendum is not the actual referendum but the ‘suit of legislation’ that is going to accompany it once the referendum is passed. the most sinister of such in my view will be the dramatic changes in the Garda vetting system where a system of someone effectively being guilty until proven innocent will be introduced. Allegations, suspicians etc will be used to prevent certain people getting jobs working with children.. where as at present only a conviction relevent to that area can prevent someone gaining such employment. Is this new proposal not a case of suspending natural law and individual rights for certain people if it was to be implemented. I think this kind of move is dangerous.

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  • I believe there must be feedback that the NO Vote is winning. I believe that all of the media favour a Yes vote and that several opinion polls have already been held back by the national media because the feedback is suggesting a NO Vote win, as they plan to see what they can do to reverse it.
    Thus I see Noonan’s interference in the democratic process as an effort by the Government to try to force a yes vote on the people.
    Everywhere I go and mention it people are voting NO, and that’s without any Party or National Organisation championing the NO side of the argument.
    I believe some of the new and therefore smaller parties favour a No vote but the papers and RTE are making sure that they don’t get a look in.

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  • This government is cowardly inept and corrupt, with absolutely no funding and no political party opposing it , the voice of the people is coming back a loud NO, they are terrified of losing in such a shameful way, good for the people making there voices heard, protect your children from these charaltans vote no protect the child protect the family and protect the community from these criminals trying to destroy it!

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  • http://www.leinsterleader.ie/news/local/judge-zaidan-slams-hse-over-care-of-children-1-4323241
    Judge Zaidan later spoke further on the matter to the Leinster Leader.

    “There is no safeguard or safety measures put in place to protect the children in HSE care,” he explained.

    “There is nothing in any Act of the Oireachtas that would suggest even a hint of someone to police the HSE.

    “It’s totally in the hands of the HSE. Once they go into care, that’s it. There’s nobody to keep a watchful eye on the HSE to make sure it is doing what it should, that it is looking after these children properly.”

    He also said that when children in care become troublesome, the HSE “farms them out to private commercial entities. The HSE pays them to house the child.

    “But they have no legal control over the kids. These kids can do what they like.”

    - Conor McHugh

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  • If it’s 1% or 90% on the No side, in a democracy they should be afforded the same platform as the Yes side. Does the minister have that low opinion of the voting publics intelligence?? Stupid Paddy will be swayed by the scare mongering opposition…

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  • That is such a strange request Minister Noonan .Why would you not want to debate this issue ? I am in favor of children’s rights and those rights have been excluded ’til now .Then you come along and say you do not want a fair and equable debate ??? Strange that !
    Minister leave well enough alone .

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    • The problem is that you can’t have a fair and equitable debate with an empty chair (as Clint Eastwood discovered). As far as I can tell there are no TDs, Senators or MEPs against the referendum – and APS is the only group against.

      So is it fair and equitable if APS gets 50% of the media coverage?

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    • As far as I know, no TDs, Senators, MEPs or even Councillors have come out against. Former MEP Kathy Sinnott has and must be likely to be the main voice we’ll get to hear (I really hope we don’t get 50% Sinnott coverage…). The only other high profile name that I’ve seen on the No side is Nora Bennis, but she’s never been elected to anything; I think 5% was about her best performance in any election.

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    • Eileen
      Here we go again. Read what the Minister has said and admit that you haven’t done so yet or didn’t understand what he said. My understanding is that he asked RTE to avoid creating artificial opposition to a Referendum proposition where none or little might exist . That sounds difficult to achieve but reasonable to ask.
      I could decide to set up an organisation right now called The Irish Childs Rights Association and appoint myself President ( just like the Irish Patients Organisation by the way) and demand access to the airwaves to match the time given to basic information discussions never mind debates in Leinster House. That’s pure nonsense and the Minister is correct to have RTE Management consider his views without you guff. Again.

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    • Spot on, Ryan. Even the lobby groups said they were really pleased with the bill which included all their requests for child protection. Giving 50% airtime to a tiny number of dissenters is itself inequitable. The ruling, in this case, makes no sense!

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    • Gentle men (Except Paddy Mark Rodgers ) I accept what you say .but that ruling was brought in for fairness ,the minister should know this. What he should have asked was for RTE to have the time on the whole debate to be reduced . Not just one side of it ! … Children’s rights are paramount ,so I know what way I will be voting .However that does not mean to say that the opponents should be semi – gagged …

      Paddy Mark Rodgers \ /.

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    • All the ministers are used to not debating!

      ENDA Kenny- fiscal treaty

      They know if they debate it there will be no good come of it and will end up having everybody vote no which in my opinion is the best option. Under the constitution all our children’s rights are protected in the first place…why alternate it??

      Secondly what good has ever come out of the government with children in care?

      Children have died, been abused,raped, molested etc etc have we seen any prosecutions for this NO.

      What good are they to our children if they can’t even protect the most vulnerable when their rights are laid out in front of them in the constitution?????

      http://www.change.org/petitions/supporting-the-irish-nation-step-down-from-government

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  • And so starts the slippery slope

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  • 50/50 cant trust this government.

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  • Having no Kids yet,I haven’t spend too much time looking at this, but reading a few of the points made on the APS website you’ve linked to some of them would concern me if they are true..

    If they are saying this is great for kids, how can anyone be against it, then I would be inclined to very weary of Ministers making those types of statements.

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    • Exactly Chris. I haven’t looked into it in detail yet but frankly anything the Irish political establishment so overwhelmingly recommends automatically makes me suspicious. Sorry, but they’ve f*cked us over for so long on so many different issues and in so many ways that it’s their own fault that I and many, many others instinctively don’t trust them – regardless of any merits of their argument.

      I will of course do my own research – but will not simply be voting Yes because the likes of FF, FG, Labour, Fergus Finlay etc. are advocating a Yes vote.

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    • Chris
      Some day you may have children , nieces nephews etc. Read up
      on the referendum, please , and get out and vote, whatever way you decide ,
      but vote. I urge every one to exercise their constitutional right to vote . Please.

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    • Chris,, do the research yourself on our FaceBook page, lots of links http://www.facebook.com/AllianceOfParentsAgainstTheState

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  • I predict an exceptionally low turnout for this referendum

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  • Well if it is such a foregone conclusion then why doesn’t the state save some money and not promote either side?

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  • There is no mention in the amendment of what the child’s specific rights are, whether a child needs to be already born or not and what a parent’s duties actually are.

    I can see plenty of significant repercussions with this amendment: it should be debated thoroughly as to its meaning and more specific language included.

    I am pro-choice and I don’t want to see this amendment emboldening the already punitive ‘must travel’ policy we have in this country for distressed mothers who have to go to the UK to deal with a crisis pregnancy.

    I would be disgusted at Government if they think denying this debate is a stealthy backdoor to implementing an Olde Worlde Catholic Ireland view on crisis pregnancy by leading to a constitutional ban on abortion in a crisis.

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  • State spending is not to be used to fund either side. If this is true, Dail eireann / political parties are in breach. The state pays TDs and they always campaign in bloc with their party. This means that the party in power has more TDs campaigning and therefore more state money being spent. One can say that this is work that they do in their spare time (which we know is not the case) but if so it is still a conflict of interest. Therefore no TDs should be allowed to take a side if taken literally.

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  • Funny how a lot of the objectors to the Children’s Rights Referendum declare themselves to be “pro-life”. Their support for children seemingly stops once they’ve been born.

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    • Funny how a lot of the supporters of the referendum have absolutely no clue how ineefective and pointless it is.

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    • I think the NO group have raised a few issues of which i have concerns.

      If they are true i wont vote yes. I will be watching all the debates.

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    • the “no side” oppose this referendum for simple valid reasons, whilst our children are already protected under the constitution and state laws the state has constantly failed them and hundreds have gone missing and some found dead, hundreds of foreign children brought here for adoption have also gone missing and NOBODY has ever taken responsability for it so why would any parent trust the state to take care of the welfare of our children when their past records speaks very loudly

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    • Can you show us all these “pro life” objectors?, I’m pro-abortion and atheist. It seem most of Ireland is “Pro-Life” as there was a referendum on it and the majority said no, that’s democracy.

      Funny how people with argument against their opposition have to resort to labelling people and attacking them because they cant attack their arguments.

      Noonan hasn’t a clue about Child Protection, he’s jumping on the bandwagon like all the others. Watch them jump ship like sinking rats when the people of Ireland hear what is currently happening and call out for Ryan Report II.

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  • Strange , but to be fair it is a bit complicated , the rule means if someone is on air and makes a case for say 12 minutes on a program that’s pro the referendum , then the broadcaster are obliged to give an equal 12 minutes to speak against the issue , and this is fine as a general principle , but if there’s not equal opposition to the specific topic such as children rights , then it can present difficulties , for example if you we’re having a referendum on peace process or something , and 95% of the people were in support , having to give 50% airtime to the 5% in opposition seems flawed.

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    • Surely there is no 100% accurate way of gauging the support from all persons that can vote. If no one in Government is opposed to it, other organisations representing 1,2, 10, 30% of people should still be entitled to express the reason against it.

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    • agreed Chris ,again no one is suggesting that opponents don’t get a platform to air an opposition , the difficulty lies in the fact that there are obligations ( rightly ) to have to inform the public on the details of any referendum , in this case almost every major political party etc is supporting a yes vote , the 50|50 rule means that broadcasters are obliged to ensure that an EQUAL amount of airtime is given to opponents , not weather they get a platform or not , but that they get an equal amount of time in all cases , which is in principle when its a debated issue or a euro referendum etc as both sides of course should be heard and given equal time , but again the complication here is that the onus on all broadcasters to have to find opposing voices and fill the airwaves in equal time with opposition when there is such an overwhelming number of backers , hey I totally understand everyone is cynical against the govt etc but im just explaining why the 50 50 rules can be a challenge in circumstances like this.

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    • Tús Nua 02/10/12 #

      but at the same time if people only support this because of the singled sided voice then how can we have balance and maybe the no side have valid points to make which in turn may make people think twice about their choice of vote, we need balance to make sure both sides of the arguement is heard so people can make their own minds up and make a conscious decision

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    • There nobody suggesting you don’t get any opportunity to offer the no side or give balance to an argument , the 50/50 rule which is a fairly recent rule since McKenna judgement , mandates an EQUAL amount of time be given to opposition , that’s pretty easy to operate for media outlet when there an issue that needs all sides given time to put Roward views, the problem here is that the rule has to be followed even in cases – like this , where you MUST given equal amount of time to the opposing view , this can be practically challenging , if 4 major parties speak out in support of the referendum and takes 20 minutes on air , if only one opposes , they must get a full 20 minutes to match/ that’s the law , nobody is saying don’t give he opposing views airtime , just that this rule is kinda flawed in certain circumstances , I should declare I’ve worked in media for years but have no vested net rest in this , but I do see the practical challenges with applying this rule in some circumstances

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    • Only flaw in your theory is that the No side are ahead in the only poll available on Journal.ie

      Joe burns

      http://www.APS.ie

      Ps, I’m an atheist and pro-abortion, any other labels?

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    • With respect That doesn’t present a flaw in my theory , I’m not putting forward a theory , I’m commenting on the 50/50 rule and the practical challenges it presents , I’m sharing my thoughts on how it works and commenting on the article and why they are looking it , I’ve no interest in yes or no sides on this subject at all

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  • Excuse me i am a mother and am completely opposed to this referendum. under the constittution children already have all the rights they need so why are ye proposing to change it. ye are Most interested in the care of the children haha pull the other one mate that’s why you,l, have them and their children paying for yer fuk up of this country for the next forty years. If ye cared about the children of the state so much then ye should have done more to look after the homeless ones, the abused ones, the battered one,s but no ye sat bak on yer big fat holes and ye let children die, starve, get molested by priests and battered by family members when social workers had already been involved but instead of standing up for the rights of the children ye sat back and done nothing. Now I will say this once if you ever ever think u will come knocking at my door and take my child off me you,ll b removed from my property with force if necessary. When the government want you to vote yes on something that usually means that there is something in it for them. If this treaty does go through our care system will be the same as England under the Lisbon treaty. If you refuse to get ur child vaccinated then ur child will be taking off of u. People do yer research because its a BIG FAT NO from me.

    http://www.change.org/petitions/supporting-the-irish-nation-step-down-from-government

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  • The 13 most frightening words in the English langauage are “I’m from the Government and I know best how to raise your children”…vote no

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  • I’m sure Sinn Fein will oppose it anyway so he can relax.

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  • If the Politicians are all in favour of it, and the lobby groups, lets make sure it’s exactly the right thing to do:

    This is a Referendum: The people, who are not used to making these decisions are being called up, We the people need to be certain that all angles are checked, every possibility looked at.

    I say: search out the “Looneys” and “Cranks”, let us examine this from every angle.

    We are not just fixing some old typo in the Constitution, any change in Law has unitended or predicted consequences;

    I’m very dissapointed by the wishy washy way that this issue is being dealt with and reported on.

    Let’s be sure. Let’s give it our all.

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  • Orly 26/09/12 #

    I wish people would actually look into the referendum. I’m in favour of it, but I’ve educated myself as to the pros and cons. The pros are obvious; the state being constitutionally obliged to protect children could never be construed as a bad thing. The cons are a lot more numerous than one would expect at face value.

    For one thing, advocating increased authority over the care of children will mean that more children will be taken from negligent parents and put into the custody of the state. In the past ten years, around 200 children who were in the custody of the state have died. Over 110 have gone missing from state care in the past year. This could be down to numerous factors, such as their having families who are in the country illegally and who cannot report their return. However, the likelihood is that the majority of them have been trafficked and prostituted.

    Moreover, if the state has scope to more easily take children from their parents, while it will result in more children being rescued from unsuitable homes, it will also lead to an increase in mistakes being made. While growing up with abusive or negligent parents is obviously damaging to a child, it would be a lot more damaging for a child to be taken away and put in a foster home or an institution if their parents did nothing wrong.

    So look into the positives yourself, they’re easy to find because there is so much propaganda from the supporters. This referendum will almost certainly pass, but it’s just a sign of democracy’s failings that it’s literally impossible to find a comprehensive list of negatives about voting in favour of a Referendum. Like I said, I’m voting Yes because I feel that it is paramount for children to be protected in all situations, and if their parents are unable to protect them it is important that the state has adequate grounds to take them into custody. I’m sure I also heard that the bill also allows the state to take parents to the European Court of Human Rights, but that could just be hearsay. Regardless, seeing as they’re among the most vulnerable members of society,, having the welfare of children represented in the constitution is just something we should have done a long time ago.

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    • Tús Nua 02/10/12 #

      the state is already obliged to look after our children but they have constantly failed a referendum wont fix the problem its the whole childcare system that needs fixing

      Reply
  • Surely it is up to RTE to decide whether their coverage is fair and balanced and what to do to ensure that is the case. Of course this means someone in RTE will have to act professionally and competently, so I hope that instils confidence and reassures both the public and the government.
    Or not, as may be. :)

    Reply

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