Kathleen Lynch (Cork North Central, Labour)

Recent years have exposed many institutional failings in caring adequately for the children of the nation. I express my condolences to the family and friends of Daniel McAnaspie and of all the other children who have died in the care of the State. His untimely death may perhaps serve to focus our minds on the task of protecting children.

Daniel is one of 24 children who have died in the care of the State. That care is delivered by the HSE, as agents of the State. We know that many others have gone missing in what is loosely termed "the care of the State". Daniel was the second child to be murdered while being cared for by the State.

The Ferns, Murphy and Ryan reports detailed the horrific abuse of children, for which the State must take responsibility. There are also countless instances of children being neglected within families that are simply not capable of providing the care required. Only last week, the Ombudsman for Children published a comprehensive report which demonstrated how child protection systems and services are failing our children. It is for these reasons that we urgently need to enshrine children's rights in the Constitution and provide our young with the greatest protection and opportunities in life.

The need for constitutional reform to protect children has been well flagged by organisations concerned with child welfare. Regrettably, as we know from the past, children are often not listened to. That is why it is vital to listen to organisations that give children a voice and work tirelessly to ensure that vulnerable ones are cared for. Their efforts are to be commended.

As a nation, we have a duty to ensure that this work is supported in every possible manner. Reforming the Constitution to include children's rights would be a positive step in this direction. The final children's rights report of the Joint Committee on the Constitutional Amendment on Children was published on 16 February 2010. The committee was chaired by Deputy Mary O'Rourke and included among others, Deputies Shatter, Howlin, Ó Caoláin and Senator Alex White. They were dedicated to producing that report.

I listened to the debate yesterday and today. I have repeatedly heard about the awfulness of what has happened to our children. I reckon that 24 is a conservative number because there are probably many more children who have died from lack of State care. Despite that, I have heard it said in this debate that the issue is far too complicated to rush into. When I hear such comments, it means that we really do not care. Care is central to this entire argument. We are not talking about children who are loved within families that protect them. We are talking about vulnerable children who find themselves in circumstances where they cannot care for themselves and where the adults around them are also incapable of caring for them. We are really saying that they are not our priority. They are children of the poor, or orphans, who are abused. They are at odds with society, needing care, protection and help, but we do not care about them. There will be another Daniel and another Tracy who will die in the care of the State. We will come in here, wring our hands and cry crocodile tears, but we do not care because these children are not our priority. These are the children of the poor.

When it comes to care, this constitutional amendment will only be the start because an element of responsibility will flow from it. We should have that responsibility now. For instance, who was responsible for Daniel McAnaspie? Whose name is on the front of his file? Who did not take the type of action that was necessary to ensure that he remained safe? Who did not call to the house asking why he was not in school and, if not, where he was?

If this were to happen in England, our pagan neighbours, the person responsible for this disaster would be identified and held accountable. However, no one is held responsible in Ireland because a person has one social worker today, another tomorrow and a third the day after. No one is held responsible and no one cares. The next time there is a tragedy, the next time a Ferns Report or a Ryan report is published, or the next time there is a case at which all Members wring their hands in horror, they will stand up in this Chamber and say the same things again.

This amendment to the Constitution is not about the majority of children but vulnerable children. It is about children who need Members' help more than anything else. However, its incorporation in the Constitution would oblige this society to do the things that are necessary to invoke it. The amendment states the State would be responsible for children who were vulnerable or ended up orphaned. Moreover, people who love them would be able to step forward, go to court and demand such protection. I am neither a lawyer nor a constitutional expert, but in my humble opinion this is the single thing the Government does not want to see happen. It does not wish to be obliged to stand up, defend and put in place the resources that would be necessary to ensure the poor did not end up in prison, murdered on the streets, dead as a result of drug addiction or in awful circumstances because they had no choice. That is what this referendum would be about.

Members of the House are united by more than what divides them and I believe, at heart, each Member agrees this should be done because it is the right thing to do. I commend Deputy Howlin and Sinn Féin on tabling this Private Members' motion. I ask all Members to search their hearts. Next time they should not enter this Chamber, wring their hands, cry crocodile tears or state an awful thing happened when it could have been prevented.

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