The Irish Catholic Bishops’ Conference have called for the Government’s proposed referendum on children’s rights to be postponed until after the General Election.

Their call, made on Wednesday after their March quarterly meeting, adds to those of Opposition politicians, children’s advocacy groups and leading academics who have also been asking the Government to delay the vote.

While they welcomed Government efforts to enshrine children’s rights in a “proper and balanced” way, they also highlighted the dangers of rushing ahead with the proposed wording. “Recent experience has demonstrated the complexity of developing such legislation and its wording, not least in terms of unforeseen consequences,” the Bishops said. They went on to suggest that “more comprehensive analysis and debate is required around all of the main elements proposed”.

Respected legal academic, Professor William Binchy, has also expressed reservations about the wording. The proposal as it stood opened up “a huge area of uncertainty”. In particular, Professor Binchy that the expression “provision may be made by law” created the possibility of courts granting prospective adoptive parents adoptions in circumstances where the natural parents did not consent.

“This would open the door to non-consensual adoption for what Finlay CJ in In re Article 26 of the Constitution and in re the Adoption (No 2) Bill 19871 referred to as ‘a failure due to externally originating circumstances such as poverty’,” Professor Binchy continued.

It is now unlikely that the Government will go ahead with the referendum before the General Election. Taoiseach Bertie Ahern has said that he will not put the issue before the electorate unless he has broad cross-party support.

16/03/07