TheJournal.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more »
Dublin: 6 °C Thursday 23 May, 2013

Poll: Will you vote in the children’s referendum?

Concerns have been raised about turnout in the 10 November referendum. Will you be casting your vote?

Image: Johnny Green/PA Archive/Press Association Images

WITH LESS THAN two weeks until the children’s referendum takes place there are continued concerns that a likely Yes vote and a lack of information about the constitutional amendment will lead to a low turnout.

The Referendum Commission has already raised concerns about the low-level of media coverage that has so far been devoted to the campaign with almost all political parties advocating a Yes vote on 10 November.

Most polls indicate the referendum to amend the constitution will be passed but there is also a high number of people who have said they don’t know enough about what is at stake while those advocating a No vote are worried that voter apathy will lead to the constitutional change that will do more harm than good.

So today, we want to know: Will you vote in the children’s referendum?


Poll Results:





Read: Referendum Commission asks broadcasters to give more time to bulletins

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

Column: Why I’ll be voting No in the Children’s Referendum

Read next:

Comments (100 Comments)

  • ‘Vote now on whether or not you’re the kind of person who votes’

    Reply
    • Una Dev 30/10/12 #

      Hopefully. I know the regressive Fianna Failers vote like a religion. Those disillusioned by politics are the losers by not voting. The May 31st referendum was proof: 50% turnout mostly by FF voters resulted in a yes vote. That will have very serious ramifications for our services.

      Reply
  • I would vote but I won’t be in the country on that day, I would like to see a change in the voting system to allow early voting. I pay all my taxes in this country but because most of my work is outside of the state, meaning I don’t get a say in how my taxes are spent.

    Reply
  • People fought for our right to vote and there are countries which don’t allow free voting..that is my reason why we should all vote.

    Reply
  • Post just arrived with the Childrens Referendum information book. it would be ok if I had an understanding of the constitution as it stands, I think most people dont, and the lack of a no side in this campain is a problem that may render the process undemacratic. I dont know how I will vote.

    Reply
    • We shouldn’t have a no side just for the sake of having one.

      Reply
    • We should have a no side to generate debate David. Is there any chance you can do your campaigning somewhere other than challenging everyone’s posts?!

      Reply
    • It is unfortunate that there is a lack of debate on behalf of the no side as people won’t understand the full consequences of a yes vote. It is essentially taking power away from parents and giving them to the government, similar to Communist policy of the Soviet Union. The booklet is very vague and I say when in doubt vote no! We know from previous campaigns how deceptive the government can be.

      Reply
    • So Tomy even if most people agree with an idea, there should always be someone there to oppose it?

      Reply
    • Did I say oppose? This is the constitution we’re talking about – do you think that people who disagree with you are not entitled to express their reasons for disagreeing?

      Most people agree that we should have a government – does that mean that there should be nobody sitting on the other side questioning the intentions (whether intended or not) of their action/inaction?

      If you are opposed to the idea of a no side then you have a lack of understanding around democracy.

      If you are afraid of a No side to this particular amendment, why? If not, why do you like the idea of a one sided debate?

      With any debate, there are points to be made by both sides which are not necessarily counter to each other – not necessarily opposing views. Other than a hardcore libertarian attitude which doesn’t believe in the concept of state-granted rights I think you’ll have a hard time finding anyone who has a problem with children having rights – but there are issues through which those rights are defined.

      Reply
    • John Mulligan
      http://www.constitution.ie/constitution-of-ireland/default.asp
      You can down load the Constitution from this link.
      ” The Family
      Article 41
      1. 1° The State recognises the Family as the natural primary and
      fundamental unit group of Society, and as a moral institution
      possessing inalienable and imprescriptible rights, antecedent
      and superior to all positive law. CONSTITUTION OF IRELAND – BUNREACHT NA hÉIREANN
      2° The State, therefore, guarantees to protect the
      Family in its constitution and authority, as the necessary
      basis of social order and as indispensable to the welfare
      of the Nation and the State.
      2. 1° In particular, the State recognises that by her life within
      the home, woman gives to the State a support without which
      the common good cannot be achieved.
      2° The State shall, therefore, endeavour to ensure that
      mothers shall not be obliged by economic necessity to
      engage in labour to the neglect of their duties in the
      home.
      3. 1° The State pledges itself to guard with special care the
      institution of Marriage, on which the Family is founded, and to
      protect it against attack.
      2° A Court designated by law may grant a dissolution of
      marriage where, but only where, it is satisfied that
      i. at the date of the institution of the
      proceedings, the spouses have lived
      apart from one another for a period
      of, or periods amounting to, at least
      four years during the five years,
      ii. there is no reasonable prospect of a
      reconciliation between the spouses,
      iii. such provision as the Court considers
      proper having regard to the
      circumstances exists or will be made
      for the spouses, any children of either
      or both of them and any other person
      prescribed by law, and
      iv. any further conditions prescribed by
      law are complied with.
      3° No person whose marriage has been dissolved under
      the civil law of any other State but is a subsisting valid
      marriage under the law for the time being in force
      within the jurisdiction of the Government and
      Parliament established by this Constitution shall be
      capable of contracting a valid marriage within that
      jurisdiction during the lifetime of the other party to the
      marriage so dissolved. CONSTITUTION OF IRELAND – BUNREACHT NA hÉIREANN
      Education
      Article 42
      1. The State acknowledges that the primary and natural
      educator of the child is the Family and guarantees to respect
      the inalienable right and duty of parents to provide, according
      to their means, for the religious and moral, intellectual,
      physical and social education of their children.
      2. Parents shall be free to provide this education in their homes
      or in private schools or in schools recognised or established by
      the State.
      3. 1° The State shall not oblige parents in violation of their
      conscience and lawful preference to send their children to
      schools established by the State, or to any particular type of
      school designated by the State.
      2° The State shall, however, as guardian of the common
      good, require in view of actual conditions that the
      children receive a certain minimum education, moral,
      intellectual and social.
      4. The State shall provide for free primary education and shall
      endeavour to supplement and give reasonable aid to private
      and corporate educational initiative, and, when the public
      good requires it, provide other educational facilities or
      institutions with due regard, however, for the rights of
      parents, especially in the matter of religious and moral
      formation.
      5. In exceptional cases, where the parents for physical or moral
      reasons fail in their duty towards their children, the State as
      guardian of the common good, by appropriate means shall
      endeavour to supply the place of the parents, but always with
      due regard for the natural and imprescriptible rights of the
      child. ”

      Reply
    • John Mulligan
      I will be voting No. I do think that the idea that a child of married people can not be adopted is the only good point in this change of wording but not enough to make me vote yes. I feel that people should read the current constitution and the new wording before they vote .

      Reply
  • Sure if they get a “no” they’ll just do another one until they get a yes, Isn’t that what they do in the country! I’ll be voting no!!

    Reply
  • According to Supreme Court Judge Harriman and High Court Judge O’Flaherty, this legislation already exists bar one part. The part that doesn’t just requires an amendment to the legislation. So this referendum is a complete waste of time and money. Without prejudice to children.

    Reply
    • It’s not a waste of time to allow long-term foster parents to adopt their children. These families need to be recognised. That in itself is a reason to vote YES.

      Some issues are already addressed in legislation but remember politicians can always change legislation. Putting Children’s rights in the constitution puts it beyond the reach of politicians. Only we the people can change the constitution.

      Let’s make a statement that Children’s Rights are above legislation, they’re too important to be just on the statute books. They’re a part of our country and a part of our society. Only the constitution can make such a statement.

      Reply
    • @David the proclamation laid out the ground rules, the constitution already had/has articles both as law and legislation to protect the “children of the nation”. The fact that these current laws are not upheld within a court system is where the problem lies. This referendum is not the solution to any and all problems with child care, adoption issues, or abuse cases. The laws are there already to protect our children they just have to be acted on.
      From the letter to people of Ireland on the foundation of our state.
      “The Irish Republic is entitled to, and hereby claims, the allegiance of every Irishman and Irishwoman. The Republic guarantees religious and civil liberty, equal rights and equal opportunities to all its citizens, and declares its resolve to pursue the happiness and prosperity of the whole nation and of all its parts, cherishing all the children of the nation equally, and oblivious of the differences carefully fostered by an alien government, which have divided a minority from the majority in the past.”

      Reply
  • JakkiB 30/10/12 #

    Lets see how it goes in court today when the Government are taken to task on spending one million on the Yes campaign, I will be voting NO and the FG spinners that have appeared on the Journal comments the past week can give that feed back to HQ

    Reply
  • Basically I feel this referendum is totally unnecessary and the only losers are parents and children’s rights.

    Reply
  • I’ll be voting no.

    Reply
  • If the political parties are all Yes then the interest groups opposed should be given the air time to put their side forward. I think a televised debate would be a good way of helping people make up their mind and should be required for all referendums.

    Reply
  • Yes, I’m voting no.

    Reply
  • yes and ,,,,,no

    Reply
    • Me too. I am very concerned that our government has come out with yet another woolly, poorly worded amendment to the constitution. Unfortunately it will pass, as people are very afraid that if they vote ‘No’ they are somehow child abusers. As per usual, the intent is good but the skills are lacking

      Reply
    • Isn’t there sufficient published material for people to make an informed decision?
      You have a bizzare opinion of the electorate that you would think it will pass because voters (in a secret ballot) fear being labelled child abusers!

      Reply
    • Gagsy – Can’t agree that there is sufficient information. Lack of debate has characterised this referendum.

      I’ll be voting no. I have yet to be convinced on several points pushed by the Yes (only) side:
      why we need to identify anyone as anything but a citizen in a constitution
      why we need a Yes vote in order to legislate (and many commentators appear to agree that the majority of intent is already legislated for)
      that the intent of the change will not give rise to unforeseen problems that we won’t be privy to due to the private nature of family courts
      that any forthcoming legislation will be any different to what can happen without the change

      I understand that some of what I say above simply can’t be 100% locked in by an answer. It’s just my opinion as informed by debating with some people about it and doing my own reading. I just think that this is a case of getting a car serviced because you get a puncture – why not just fix the puncture? I also know that it’s likely the amendment will be passed. If so, I hope I am wrong and that the change facilitates the spirit of the change.

      I do, however think that the reason we’re really having this is simply political. This is an opportunity for FG & Labour to say “look what we gave you” at election time. It also hands the responsibility to us to make a decision rather than the gov being criticised for putting in potentially unpopular legislation.

      So, to me, it’s less about needing the amendment in order to protect children and more of a political masterstroke. They simply cannot lose.

      Reply
    • @felicity what exact problems do you have with the wording?

      Most of the text comes from an all-party committee on the issue some years ago and most analysts and academics view the wording as balanced and proportionate.

      Reply
    • @ David Higgins; Article 42.A.i “In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such an 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.” Definitions of the following are completely open to interpretation: ‘exceptional cases’; ‘proportionate means’; ‘due regard’ ; ‘natural and imprescriptable rights’. In addition as this section stands a non-custodial parent who is separated from the custodial parent for what ever reason could by law be held to account for the actions of the custodial parent . As I said, the intent of the section is good, but the wording is woolly! Given that Ireland has a judiciary where fines are considered an adequate punishment for sexual assaults, I feel the currently proposed amendment is far too open to misinterpretation

      Reply
    • @Felicity If you vote No then the amendment is not made and nothing changes. If you’re not happy with the wording then this is the default position and effectively says to the Government come back with a better worded amendment and I may support it. It’s your vote and nobody else’s – use it as you see fit!

      Reply
  • I feel like we are being told “Vote Yes” just because it is good for children without any other real argument. I know the referendum booklet is out there, but I think the Yes side should be doing more to counter the arguments of the No side rather than relying on the mantra that it is good for children. I think there will be enough support for the yes side to win, but this Government really needs to learn how to run a referendum campaign that actually educates the public.

    Reply
    • Whereas the no side say vote no because they don’t like the government. Most no voters are voting no out of protest, not because of the issues.

      Reply
    • I’ll be voting No Dave and while I don’t trust this government, the last government and can’t even imagine what kind of shambles our next government will be I’ll be voting no for reasons other than lack of trust.

      Unfortunately, one of the single most important issues is that there isn’t really a no side to this. There’s more debate in this story than there is from the sources that should be providing the discussion.

      Reply
    • People don’t like negative campaigning. The yes side is avoiding this and is explaining what the amendment does.

      Reply
    • @Dave some percentage in all voting maters will vote in a particular way just as a form of protest, others will read up about it and make an informed decision to vote no.

      Reply
    • @Dave – generating debate and examining it from any particular point of view is not negative campaigning. It’s critical appraisal.

      The Yes side is presenting their point of view and given that it’s the Yes side, of course it will be presented in a positive light. That does not mean that all elements of the amendment are being inspected and presented by them. Not for this or any referendum.

      Reply
    • Kieran – agreed!

      Reply
  • definitely no the state has failed far too many children already!it changes nothing

    Reply
    • Surely that would warrant some kind of a constitutional change?

      Reply
    • Deborah

      The State’s past failures as you put it are now to be compounded by your decision to vote NO?
      Would you like to read that back and try to understand why it might make you look foolish or did we misunderstand what you said?

      Reply
    • Colm, the state has failed many who are protected under the constitution. Constitutional change is not where the focus needs to be in so many of these cases – application and enforcement of existing law could address many of these issues.

      It’s a complete red herring IMO that constitutional change is being presented as apparently the only vehicle through which the spirit of the intention of this amendment can be provided.

      Reply
  • Yes I will and I will be voting no as I care how children (under the age of 18)

    No-one has answered the following scenario and what provisions of the referendum protects against it occurring.

    It is a proven fact that parents caught up in a bitter divorce can and do blackmail their children to say untruths about the other parent(s). All children can be manipulated to do this to show their love for a parent (albeit a malicious one).

    If this referendum is passed the added dimension arises that such parents can blackmail the child, to assert their now constitutional right, to personally give evidence in court. The Courts will not be in a position to deny the right of the child to do so.

    Is this protecting the child (who maybe 17 years old)?

    Reply
  • If you think the Children’s Referendum is innocuous read this legal analysis – Vote No – Because you care! http://www.scribd.com/GerryFahey

    Reply
  • Lets not be stupid and support a government that has told us countless lies in the past. The state will in effect become the new ‘parent’- a very scary one if I may say so. The proposed ammendment does not mention the family once, and it is both ignorant and decieving to suggest that this institution will be strenghtened by the proposed amendment. Decency, respect for family values, and common sense all cry for a No vote on november 10.

    Reply
  • G 30/10/12 #

    Wont be voing. Human and childrens rights are inherent under Common Law, people, parents, are required to claim their rights. If any government claim to be ‘granting’ you rights, its because really they are trying to gain further control over you.
    Regarding this referendum, the idea that repeated governments, that cannot run a health service, have bankrupt the state, given Irish sovereignty to Germany and have reneged on plenty of election promises, not to mention slashing funding to education and special needs, the idea that these people know best for children in danger if frankly laughable. Judge a man by his character, the character of this and earlier goverments brings words such as corruption and incompent to mind.

    Reply
    • But then you should vote No but you should still vote.
      By opting out you are effectively saying you don’t care whether the constitution is changed or not.
      Isn’t your opinion above therefore irrelevant?

      Reply
    • G 30/10/12 #

      @Gagsy I have no interest in the constitution, they can add on and take away statutes and amendments all day long, inherent rights under Common Law still supersede any of that nonsense.
      The poll is ‘Will you vote in the ref’ so obviously my opinion is relevant. Anyone who has an opinion which entails voting or not voting has a relevant opinion, I’d go as far to say any resident of this country has a valid opinion on any election or referendum.

      Reply
    • Gagsy 99 30/10/12 #

      Of course you can have an opinion on voting or not voting.
      My point was that if you’re not voting then your opinion on the referendum issues itself are irrelevant. The effect of the referendum will last beyond the life of this government.

      Reply
    • G 30/10/12 #

      @Gagsy Thats a crazy thing to say, maybe people are not voting exactly because of their opinion on the issues of the referendum. I would argue my opinion on the referendum issues are the foundation, the bedrock of why I will not vote.

      Reply
    • Have to agree with gaggsy, if you are entitled too but don’t vote your opinion is of no consequence. I share your opinion of distrust in the people who are supposed to lead the country but I will still vote. Haven’t decided which yet but I am leading towards a no but that may change after I research a bit.

      Reply
    • G 30/10/12 #

      @Shanners Of course my opinion is of no consequence to those who still think this system works, or to those who intend to stiffle free speech. Thankfully many people over the last few years have woken up to see the system of government is a proven failure, and of course many more believe in free speech and open debate on why it does not work and potential alternatives. Also with the addition of mine and other peoples view on why they are not voting, thankfully may help to inform others of why it is a pointless exercise.

      Reply
    • So you are not going to vote, thereby giving them the power to continue in their incompetence.

      On a related note, has anyone from the relative parties asked the permission of the children they have used as “models” on their posters? Have they considered the number of pedophiles at large in this country? Have they thought?

      Reply
    • Gagsy 99 31/10/12 #

      Good point Christine.
      I must ensure that my children are never seen by anyone in case the pedophiles get them.

      Jaysus!

      Reply
  • alan 30/10/12 #

    Smokescreen set up
    To take your attention off the budget etc. baahaa

    Reply
  • 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.

    Reply
  • still waiting for the booklet ! i Will be voting NO. we can’t carry out what’s already there to protect children and erin want to change it! makes no sense !

    Reply
  • I’ll be voting NO. plainly because I do not trust the gov and am very weary of anything they suggest.

    Reply
  • @SeanNorris- Fostering is not mentioned in the proposed change. Forced adoptions is a good thing???

    Reply
  • @ G, all you non-voters should get together and make a non-voting party, you could put yourselves forward and base your popularity on the amount of people that don’t vote for you. I am sure it would be very popular and think of all the changes you wont be able to make, or all the discussions your opinions wont count in. you could start a separate state where no-one does anything, they just sit around all day talking shite to each other…

    Reply
    • By the way, I’m voting yes, its not a perfect bill, but there will never be on, it is impossible to appease everyone, what it does at the very least is give children a voice, it gives parents to option to give their children up for adoption and it helps long-term foster parents get closer to adoption.

      Reply
  • The best arguments I’ve heard so far are from adults who were denied a stable home environment in their childhood. For anyone who is arguing over the failure of the state in the past as a reason to vote no, surely allowing for permanent adoption for children in state care would be preferable to them spending a childhood institutionalised? I’m voting yes.

    Reply
  • I’m voting ‘Yes’. I think it’s about time that children got listened to in this country. Hopefully, a ‘Yes’ vote will result in a catalyst of change in our support services. There are also more than 2,000 children that are in long-term foster care without any hope at the moment of being adopted.

    Reply
  • To all those sitting on the fence or saying that they are voting against the government because they made a mess of things in the past, check out the debates on Primetime tonight, Vincent Brown tomorrow night or Frontline next week to see both sides before making up your minds. This isn’t about the Government past or present, this is about children and what is the right thing to do. Check out http://www.yesforchildren.ie or read this article by a former foster child: http://www.thejournal.ie/author/wayne-dignam. This amendment isn’t going to change things for the majority of children in Ireland today but for a small number that are vulnerable this could mean a second chance at a childhood.

    Reply
    • I have read the current constitution , I have read the booklet on the refererendum from the referendum commission, I feel I will be voting No. to protect children from the state. It is because people who do not act professionally ,and do their jobs correctly ,children are at risk. The laws are already there only they are not acted upon.

      Reply
  • Now try it, you just try to run all that is proposed here without reference to the special case of the Traveller families, you can’t , not even with a solid YES vote on Saturday November 10th – and this is why this referendum is a complete and total Confidence Trick because no legislation that will work , without provision for the Traveller families can actually work, and such provision can’t work either as everybody must be equal under law.
    So if Frances Fitzgerald gets her Yes Vote she still cannot legislate as laid out for the purposes of this referendum with no mention of the Travellers anywhere, but even if she now produced legislation to make them exceptions to the rule it can’t be done anyway as we all have to be treated the same under law.
    Any or all legal eagles here must by now realise that it is all a Sham and a Confidence Trick of being asked to vote for something that can’t be done without that Traveller exception , that can’t be done either!
    Come on the Travellng People your existence has not now only shattered the Government but all Irish political parties in Dail Eireann as well and exposed them all as Fakers and Charlatans.
    Thanks for your help, Lads:-)

    Reply
  • ARE YOU AWARE ,THAT IN 1992, THE STATE RATIFIED THE UN, ON THE RIGHTS OF THE CHILD. THEY KNOW ITS WAS UNCONSTITUTIONAL BUT WAY A HEAD WITH IT. SO NOW WE HAVE TWO SYSTEMS ,SIDE BY SIDE, THE CONSTITUTION ,THE OTHER EU/UN. WE HAVE BEEN LIED TOO. LIKE LISTBON,YES FOR JOBS,THE SAME FOR THE CHILDREN ,YES TO THEM. LOOK OUT , FG.LAB.FF AND SF ARE OUT AGAINST THE PEOPLE. THE NO SIDE HAS NO MONEY BUT THE YES SIDE ,HAS MILLIONS.

    Reply
  • As off today I voted with my postal ballot. Typical as I still feel illinformed as to the pros and cons no matter how much reading about it I have done. And that was general consensus too amongst us all.

    Reply
  • I will be voting but have not yet made up my mind. Looking at the elements of the amendment the aspects dealing with fostering and adoption which are new from what I can make out would not appear to be the points that are generating debate in the referendum and if they were put forward on their own I would think there would be little or no dissent on the adoption of them.

    On the other hand 42A 1 seems to be the one that is generating most controversy as it would appear to be the one that seems to be already substantially there in the present constitution. While at face value it appears to be in order it is written in a sufficiently open way that an unintended interpetation could arise from it

    The decision in my mind is do we for the sake of adopting the adoption and fostering situations bring this piece along and take our chances that it will not come back to bite us in some unintended way or is it of such fundamental importance in its own right that we reject the amendment including the “good” parts dealing with adoption and fostering. No easy decisions here!

    Reply
  • Despite having worked here for 13 years, being married to an Irish man with 2 children I am not allowed to vote in a referendum as I am British. If I did I would vote yes though.

    Reply
  • I’m not eligible to vote and as such haven’t bothered to form an opinion on how I would vote if I could, because I can’t.

    Reply
  • D T 30/10/12 #

    i would like to see a debate on this,
    i am finished rearing children, but i am thinking of my own children becoming parents and their rights, so i dont know what way i will be voting,

    Reply

Add New Comment