Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Shutterstock/Pavel L Photo and Video

The Children's Referendum will not have to be held again

The referendum passed by 58% voting yes and 42% voting no.

THE SUPREME COURT has ruled that the Children’s Referendum should not be re-run.

A High Court petition taken by Joanna Jordan from Dun Laoghaire to overturn the result of the 2012 referendum was previously rejected.

It ruled the Government’s conduct – specifically using State monies to publish an unbalanced information campaign – did not impact on the outcome of the referendum.

Her appeal against this decision was unanimously dismissed by the seven-judge panel today.

The judgement outlined how the significant voting margin  (58% voted yes and 42% voted no) was a significant factor.

“Applying the test to the circumstances of these appeals, the Court finds it has not been established that it is reasonably possible that the actions of the Minister materially affected the outcome of the referendum as a whole,” the judges explain.

The High Court will now have to endorse the result of the referendum before the President can sign it into law. It is understood this could happen in the next seven days.

“It has been 895 days since the people voted and now the will of the people has firmly been heard. This is a great day for Children’s rights,” Senator Jillian VanTurnhout said after the ruling.

“Now all children in Ireland can be treated equally.”

Childrens Rights Referendums Campaigns Minister for Justice Frances Fitzgerald. Sam Boal / Photocall Ireland Sam Boal / Photocall Ireland / Photocall Ireland

The Minister for Justice Frances Fitzgerald also welcomed today’s decision.

It is important that citizens have the opportunity to bring concerns to our courts as happened in this case,” she said in a statement. 

This is a new era for the how we as a society view our children. No longer seen and not heard, children are now recognised by our Constitution as individual rights holders deserving of protection by our laws irrespective of their family form.”

One of Jordan’s supporters in court, Kathy Sinnott, said that the court today had given “a green light to the government to cheat and lie”.

She claimed the referendum on children’s rights was really about the “privatisation of children and childhood” and “government control”.

PastedImage-25064 Mattie McGrath with Joanna Jordan and solicitor Kevin Brophy

Jordan said she was “very disappointed” and that she was “hoping” she would win.

“It is a sad day for Ireland.”

“Irish parents will be losing their natural power over their children.”

She also said she is hopeful that she won’t have to pay costs, a matter that was not decided today.

Fianna Fáil TD Mattie McGrath, a supporter of Jordan, said he hoped their would be recourse to Europe over the ruling.

What does this mean? 

VanTurnhout explained the ruling will impact on a range of  legislation that can now be moved forward, one being adoption.

The Children’s Rights Alliance said:

“For many hundreds of children in long term foster care today’s judgement opens the way for them to finally find a permanent and secure family through adoption by thier foster parents.”

However, Jordan maintains it will mean parents will no longer have to give consent in the adoption of their own children.

Result 

The turnout for the referendum in 2012 was low, but the majority of voters voted in favour of the referendum proposal.

Seven judges ruled on the case which was taken against the Minister for Children and Youth Affairs, the government and the Attorney General.

The case was based on the Supreme Court’s decision in 2012 to find the government’s information campaign unconstitutional because it was one-sided.

Read: Denis O’Brien says he was merely the buyer in the Siteserv sale>

Read: The EU’s plan to tackle Mediterranean migrant crisis? Military action>

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
38 Comments
    Install the app to use these features.
    Mute Brian Waldron
    Favourite Brian Waldron
    Report
    Jun 7th 2020, 10:44 AM

    Tracy I also do career coaching and I think you have offered some very useful tips for people in your article. I wish you well in your new venture which I’m sure will be a great success.

    128
    Install the app to use these features.
    Mute Shazam37
    Favourite Shazam37
    Report
    Jun 7th 2020, 11:50 AM

    @Brian Waldron: i admire the energy and self belief to start a new venture and believe many can benefit from career coaching. Kids should taught a lot of this in school.

    But the advice in this article is facile and uninteresting. Dress for an interview? Take three deep breaths?

    At the end of it all there are a handful of pretty self evident interview tips (which I wouldn’t consider strictly speaking to be career advice) and three dull unhelpful tips on starting your own business.

    This was a huge opportunity to get her brand and business in front of a readership. Opportunity wasted.

    28
    Install the app to use these features.
    Mute Brian Waldron
    Favourite Brian Waldron
    Report
    Jun 7th 2020, 12:02 PM

    @Shazam37: unfortunately the school system in general is bereft of many key life skills, such as preparing for the work environment, communication skills, handling adversity, developing resilience and generally building character and confidence. Whilst parents can only do so much, there is a gap.

    22
    See 5 more replies ▾
    Install the app to use these features.
    Mute David Corrigan
    Favourite David Corrigan
    Report
    Jun 7th 2020, 12:02 PM

    @Shazam37: How can people get paid for offering such bland and uninspiring advice?
    Why would anyone pay for “career coaching” when one can read good interview tips straight off HR based websites for FREE?

    20
    Install the app to use these features.
    Mute David Corrigan
    Favourite David Corrigan
    Report
    Jun 7th 2020, 12:03 PM

    @Brian Waldron: Those gaps are filled in with a thing called “experience” Brian.

    5
    Install the app to use these features.
    Mute Shazam37
    Favourite Shazam37
    Report
    Jun 7th 2020, 1:00 PM

    @David Corrigan: well I’m assuming the advice is better when she’s doing a session.

    Lazy effort here Though

    4
    Install the app to use these features.
    Mute Joe
    Favourite Joe
    Report
    Jun 7th 2020, 1:22 PM

    @David Corrigan: she’s hardly going to destroy her business by giving all of her best tips out here for free.

    9
    Install the app to use these features.
    Mute David Corrigan
    Favourite David Corrigan
    Report
    Jun 7th 2020, 1:57 PM

    @Joe: I didn’t ask the lady to do that. I am just surprised that people pay for something that one can get for free. You always seem to get bogged down in little irrelevant things Joe.

    6
    Install the app to use these features.
    Mute Shimo Tbay
    Favourite Shimo Tbay
    Report
    Jun 7th 2020, 11:02 AM

    If you have a complete “C U next tuesday” for a boss there is no coaching that can fix that. People don’t leave bad jobs they leave bad bosses. Do yourself a favour don’t be miserable, move on.

    137
    Install the app to use these features.
    Mute Fr Romeo sensini.
    Favourite Fr Romeo sensini.
    Report
    Jun 7th 2020, 11:35 AM

    @Shimo Tbay: Well they do leave bad jobs but I totally get what your saying.

    13
    Install the app to use these features.
    Mute Mark Johnson
    Favourite Mark Johnson
    Report
    Jun 7th 2020, 1:06 PM

    @Shimo Tbay: Female bosses (usually single and childless) in their 40s, 50s, are the worst in my experience of bully bosses.

    53
    See 1 more reply ▾
    Install the app to use these features.
    Mute Paul Quirke
    Favourite Paul Quirke
    Report
    Jun 7th 2020, 6:24 PM

    @Shimo Tbay: I have a really sound boss in my job which I started 7 months ago. It’s the first time after 20 odd years working that I find myself in this case where I really respect the person that Is my manager. It’s life changing.

    10
    Install the app to use these features.
    Mute Dara O'Brien
    Favourite Dara O'Brien
    Report
    Jun 7th 2020, 10:43 AM

    Career coach?

    Really?

    39
    Install the app to use these features.
    Mute Joe
    Favourite Joe
    Report
    Jun 7th 2020, 11:26 AM

    @Dara O’Brien: yeah it’s for people who want to push on to the next level and increase their worth!

    24
    Install the app to use these features.
    Mute JimmyMc
    Favourite JimmyMc
    Report
    Jun 7th 2020, 11:38 AM

    @Joe: if you need a career coach to get to the next level then maybe you’re already at the level you should be at

    39
    See 2 more replies ▾
    Install the app to use these features.
    Mute Shazam37
    Favourite Shazam37
    Report
    Jun 7th 2020, 11:44 AM

    @JimmyMc: or perhaps something less idiotic Jimmy?

    4
    Install the app to use these features.
    Mute Joe
    Favourite Joe
    Report
    Jun 7th 2020, 1:28 PM

    @JimmyMc: “we hope to give them options they didn’t realise they have”.
    It’s about opening your mind and not getting stuck in a rut. Sometimes to move on and progress you need an independent voice to help you take that leap. If you can’t see that I would suggest it’s you who has reached their level.
    The ones with the open minds and flexibility will move onwards and upwards leaving you in their dust trail.

    10
    Install the app to use these features.
    Mute Greg Dalton
    Favourite Greg Dalton
    Report
    Jun 7th 2020, 2:19 PM

    Tracy,
    I too have been a career coach for some 15 years. You offer some good tips. People often ask me why we need a ‘career coach’? If you liken it to a sports coach; a career coach looks at the years ahead and develops a strategy with their clients where they achieve their career targets and goals using a challenging and rewarding approach, similar to those of an athletic or team focusing on seasons or competitions ahead.
    Best wishes for your career.
    Greg Dalton

    18
    Install the app to use these features.
    Mute Earth Traveller
    Favourite Earth Traveller
    Report
    Jun 7th 2020, 12:20 PM

    Does Tracey have any advice on how to deal with the discriminatory recruitment practices that are used by employers?

    19
    Install the app to use these features.
    Mute levente
    Favourite levente
    Report
    Jun 7th 2020, 3:12 PM

    Great Article !I would love to add you on LinkedIn. Do not listen to the these professional moaners , they are kind of bubble wrapped snobs . Good luck with your business ,we need more coaches like yourself, and a psychologist for the non believers !

    18
    Install the app to use these features.
    Mute lisa duignan
    Favourite lisa duignan
    Report
    Jun 7th 2020, 11:18 PM

    I think good career counselling is badly needed in secondary schools. Consider getting qualified for this. The pay is good and these jobs are very often filled by unsuitable people.

    6
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds