Dáil debates

Wednesday, 29 June 2011

Twenty-ninth Amendment of the Constitution (No. 3) Bill 2011: Second Stage (Resumed)

 

3:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)

I am not entirely happy to lend my support to the Bill because I am of the view that a referendum on children's rights in their totality is required. However, such a referendum has been pushed down the road. That is why I am supporting the measure before the House. Almost 18 months ago and following a lengthy deliberation period, all-party agreement was reached in respect of a particular wording. All that time has passed and we have still not been presented with a date for a referendum on children's rights.

I do not generally favour doing things in a piecemeal way. However, every year that passes is another year in a child's life. That is not a year which is replaceable. Children are our future and if they were really valued, they would be placed higher in the order of priorities. The House has sat through the night on occasion to deal with certain matters. I accept it will not be easy to deal with this matter and that the wording that will be required will be complex in nature. I am of the view, however, that if there was a will to do so, the referendum would be held on the same day as the presidential election.

The Bill before the House represents a start and that is why I will be supporting it. Last year, people who are now in government made a number of strong statements. I refer, for example, to the Minister for Justice and Equality, who has a long history in this area and who correctly pointed out the need to strengthen children's rights in the context of the Constitution. In February 2010 the Minister complained that children who were enduring physical and sexual abuse were being left too long in particular environments. Basically, he was stating that such children are at risk from their own families. He called on the then Government to announce a date for the referendum on children's rights, which he described as being vitally important.

Even if children's rights were fully enshrined in the Constitution, the absence of adequate services dedicated to vulnerable children will mean the current position will continue to obtain. We know the damage this has done to the lives of those who have suffered abuse. We have heard the testimony of those who are survivors of abuse. We owe it to them and to the children of today to ensure that a change is brought about. I do not believe that a constitutional provision alone will make the difference. It would, however, be a start, particularly if it were underpinned ensuring that the requisite facilities and services were provided. It may be an obvious point, but people only get one childhood. If that childhood is stolen as a result of neglect or physical or sexual abuse, there can be profound consequences for the individual involved and also for society.

Just over 12 months ago the Labour Party used its Private Members' time to request that the then Government bring forward the necessary constitutional amendment Bill in order that a date for the referendum might be set. That party is now in government and is in a position to exert its influence. However, the matter has been pushed back to 2012. I am concerned that in 2012 we will be informed that there is nothing such as the presidential election onto which the referendum can be tagged. As a result, I am of the view that it will, for economic reasons, be pushed back even further. I am seeking an absolute commitment that the matter will be dealt with in a comprehensive manner in 2012. To do anything less would be to let the children of this country down.

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