Seán Ó Fearghaíl (Kildare South, Fianna Fail)

Ba mhaith liom mo bhuíochas a ghabháil leis an Teachta O'Rourke a chuid ama a roinnt liom. I am glad to have the opportunity to contribute to this debate on the proposed constitutional referendum on children's rights, and I compliment the Labour Party for using its Private Members' time for raising a matter that is of the utmost importance. In light of everything that has arisen in recent years regarding the experiences and welfare of children, it behoves us all to keep children's rights and welfare at the centre of the political and public agendas.

Like Deputy O'Rourke, I want also, in the few minutes available to me, to acknowledge the value of the political consensus that was reached within the Joint Committee on the Constitutional Amendment on Children, and to pay tribute to all the committee members for their work. I mention especially the leadership given by Deputy Mary O'Rourke, who chaired the committee in her inimitable fashion, and the major positive contributions made by the party spokespersons Deputies Howlin, Shatter and Ó Caoláin. Senator Alex White was also a major participant in the process.

Only yesterday, the Joint Committee on Health and Children, which I am privileged to chair and which the Acting Chairman and Deputy Kathleen Lynch sit on, decided to undertake the challenge of preparing a report to Government on the need for legislation in the area of assisted human reproduction. It is my fervent hope that we can achieve the same level of political consensus as we attempt to propose a legislative way forward in this other controversial and critical area.

My late grandfather used to say that children should be seen and not heard and given that Bunreacht na hÉireann was written during his era, it is not surprising that it makes few specific references to children. Long before the United Nations had adopted its Convention on the Rights of the Child in New York in November 1989, enlightened legislators around the world had come to realise that the rights and welfare of children are central to the well-being of society itself and had begun to legislate accordingly. Having signed the convention ourselves in 1990, it could understandably be argued that the Irish State has been tardy in making the necessary constitutional changes to expand on the general protective provisions contained in Article 40 of Bunreacht na hÉireann.

One should not, however, ignore the fact that the concept of the welfare of children has been enshrined in modern legislation here and major initiatives have been taken by Governments, such as the establishment of the Office of the Ombudsman for Children. Additionally. the legislative and policy framework has been significantly strengthened through the passage of major pieces of legislation such as the Children's Act 2001, the Child Care Amendment Act 2007 and Bills such as the Adoption Bill and the 2009 Child Care Amendment Bill currently working their way through these Houses.

I further acknowledge that the Minister of State with responsibility for Children, Deputy Barry Andrews, has taken seriously the first two reports of the joint committee, dealing with the matters of soft information and vexed issue of strict and absolute liability. With his Government colleagues, he is progressing towards the publication of legislation in each of these important areas.

All of us involved to date in this process are motivated by nothing other than what is in the best interest of children but it is inevitable that there will be those among the public who will not agree with the detail and nature of our recommendations. I fully believe there is nothing in the 2007 Bill, or more especially in the committee's recommendations, that would negatively impact on the status of the family. I welcome the fact that the concept of the family based on marriage is not in any way being challenged in the proposals we are discussing.

In short, I believe the committee in its proposals has got the balance right between what some may see on occasions as the competing interests of the family and the rights and welfare of the child. In referring to the business of legislation and constitutional provision, we must accept there are other realities that impact on children's lives. I refer to, among other things, the changes in Irish society, the sexualisation of children by elements within the music and entertainment industries and to the type of rampant commercialism which targets marketing campaigns at children.

The reality of paedophilia has haunted the land and despite all the revelations and recommendations, the evil that is paedophilia has not and will not cease to exist. We can only really guarantee the welfare of our children by ensuring that we are individually and collectively as a society constantly vigilant and attentive to their genuine needs. It is imperative that the Government holds a referendum on the rights of the child to be decided by the people and that it does so without undue delay so that all political parties in the House can give this important challenge their undiluted attention in a bid to get a positive outcome.

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