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Senator Bacik calls for Debate on the Constitutional Amendment on Children, and on Education

16 February 2010


Order of Business

Senator Ivana Bacik: Like Senators Alex White, Feeney and others, I call for a debate on the report of the Joint Committee on the Constitutional Amendment on Children. Having had only a brief opportunity to examine it, it is to be welcomed. It is well considered and thorough and the wording recommended seems to strike a fair balance. As Senator Feeney stated, it is welcome to see the report recommend a provision which would cherish the children of the State equally. That is very important, particularly given the finding that certain children are discriminated against. There are two categories of children. Currently, in our laws there is discrimination between marital children and non-marital children. This must be changed as a matter of urgency. It is also welcome to see that the best interests of the child would now be placed, constitutionally, as the paramount consideration in any dispute. As someone who practises and has dealt with some very difficult cases in the child care courts, I am delighted to see the proposed provisions would allow long-term foster parents to be in a position to adopt children. It would vindicate the rights of the children concerned to have their relationship with their foster parents recognised.

In that context, I call for a debate on education. It is welcome that the committee recommends retaining the current provision on education to the effect that the State shall not oblige parents, in violation of conscience and lawful preference, to send their children to schools established by the State or a particular type of school. We need a debate on parental choice in education as a matter of urgency, particularly in the light of the Minister's decision yesterday to recognise seven new schools, including three VEC and two Catholic schools. From where is the Minister receiving the criteria to be used in granting recognition? There is a growing demand from parents for multi denominational schools, particularly in Dublin 6 and Dublin 8, but also throughout the country. That is where the future lies.