Timmy Dooley (Clare, Fianna Fail)

I welcome the opportunity to contribute on this debate. There is little doubt that the issue is critical to each of us. Every Deputy is committed to ensuring the legislative framework is strengthened to improve the protection and welfare of children. Clearly, an amendment to the Constitution is a critical component of the process and I welcome and recognise the significant efforts of the committee chaired by Deputy O'Rourke and the work of Deputy Ó Fearghaíl and his committee in furthering the process. I also recognise that the work of Deputy O'Rourke's committee took a protracted period, given the complexity of the issues.

There seems to be a consensus on the way forward. I agree with other Deputies that the Government should be given adequate time to ensure that whatever proposal is put before the people is properly thought out and has the capacity to be supported by every Deputy because removing some of the rancour and politicisation from the debate will be to the benefit of those we seek to protect.

I offer a word of caution to those outside the House who seem to believe that the passage of legislation and the amendment to the Constitution will somehow be the means by which all problems will be solved - far from it because these are complex issues. While our work is to ensure a legislative framework within which to work, the interaction is between human beings. We seek often to place a responsibility on the State in the belief it has the capacity to do better than any group of individuals. This issue will be a matter of interaction between local professionals supported by the legislation. If we believe an amendment to the Constitution will somehow resolve all ills, we are misguided. Being balanced in this regard is necessary.

While there have been many tragic cases, the most recent might be the reason we are discussing this report. Notwithstanding this, we must recognise the many families and children who have been greatly affected over successive decades. Highlighting an individual case as a means of seeking a resolution to the current impasse would be wrong. We need to be realistic about the outcome we seek or expect from a referendum.

While listening to some of earlier contributions, I noted a number of references to Mrs. Justice Catherine McGuinness' 1993 recommendations in which she called for an amendment to the Constitution in respect of children's rights. I do not want to be overly political but certain charges have been made about a delay on the Government's side despite the need to move forward. Every party in the House, excluding Sinn Féin, has had an opportunity to hold such a referendum since 1993.

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