Oireachtas Joint and Select Committees
Thursday, 13 June 2024
Committee on Public Petitions
Amendment of the Child Care Act 1991: Engagement with the Alliance of Birth Mothers Campaigning for Justice
1:30 pm
Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source
I am not a member of the committee. I thank the Cathaoirleach for allowing me to speak for a few moments in support of the women and the case that has been made. I particularly want to emphasise the importance of the rights of the child. The rights of the child must be heard and the child's interests kept to the fore in all cases, regardless of whether there is litigation. It is no harm to remember that we had a referendum to ensure and fortify the rights of the child. It was necessary. That referendum was passed by the people for good reason. It was observed that in a changing world, the rights of the child needed and need to be strengthened. That has not manifested itself in practice to the extent that was intended. I thank those who have carried this campaign forward and spoken out on the basis of the need to change the system and bring the law into line with the Constitution in these circumstances.
Last, I thank all of those who have advocated to the press on this particular issue, including my colleague, Deputy Mattie McGrath, and others in the House, and to thank them for persisting with the case. Concerns have been expressed by many people, which would point to what is seen as an injustice. It is a failure to observe due process and natural justice and that must be addressed. The Minister is also looking at changing the law at present and probably has had expert opinion on these matters in the past couple of days. This will be fundamental in making it possible to ensure that the witnesses' concerns, and many more, are addressed. We also all have heard the cases of children, mothers, and in some cases fathers, who have found themselves isolated and ostracised from the children for months at the behest of the system.
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