Dáil debates

Wednesday, 29 June 2011

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

 

3:00 pm

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)

Let me begin with a quotation from a report of the Select Panel for the Promotion of Child Health in the United States: "Children are one third of our population and all of our future". Children account for over 1 million of the population of Ireland. As a parent of four children, I can stand confidently and state they are all of my future. My four children's concerns, wishes and heartaches are the responsibility of myself and my husband. It is paramount to us, as parents, to ensure their future development and happiness are central. We must ensure children are at the centre of decisions we make regarding them.

We gave a commitment on entering Government that we would hold the referendum on children within a year. I agree with the Minister and Taoiseach that the referendum should not be held at the same time as the presidential election as it will result in children being used as a bargaining chip. The issue could become very confused and fuzzy considering the other proposals for later in the year. Having said that, we must afford the people the opportunity to change the Constitution in such a way that the welfare of the child is paramount.

Since the last Government gave its commitment to holding this referendum, there have been huge delays. The current Government has already shown the serious approach it takes towards children and their future by giving a full Cabinet position to the Minister for Children and Youth Affairs. I welcome that and wish the Minister the best in her role.

Everything we do for children and every decision we make must be above politics. We must make child-centred decisions. "Child-centred" is a phrase that is bandied about frequently these days but, in a constitutional context, it could not be more important. Children have a right to be heard, to be at the centre of every decision that is made that concerns them, not to be discriminated against, to life, to survival and to development. In short, they have a right to their rights under the UN convention.

In 1998, the UN Committee on the Rights of the Child, examining Ireland's first report on the implementation of the UN Convention on the Rights of the Child, stated our "welfare practices and policies do not adequately reflect the child rights-based approach enshrined in the Convention". It has taken some time and many reviews and reports to get to where we are today.

There have been criticisms from children's groups, such as the ISPCC and Barnardos, that political will seems to be lacking in regard to making provision for the child in our Constitution. This is not the case. As long as Fine Gael is in Government, all the children in this country will have a voice. In whatever small way I can, I will, with my voice, ensure the rights and interests of children remain on our agenda. There will be much debate outside this House about what is right for our children. While we must listen to all opinions, it is most important that we listen to our children. Only they know how they feel and how they are affected by the decisions we make on their behalf.

Experts say that the best place for a child is with its family and that, in so far as it is practicable, children must remain within the family unit if it is in their best interest.It is in the best interest of a child to live in a stable and loving environment. In today's society, there are different types of family units and a number of different loving and stable environments in which a child can grow up happy and healthy. Legislation must be produced to reflect this. Changing our Constitution, the very foundation of our State, to reflect changes in society is a necessity. To bring forward a change that will strengthen the rights of the child while still being mindful of the family and supportive of it must be our main aim.

I agree with the recommendation of the joint committee that adoption legislation should be published before the referendum is put to the people because only then can people make an informed decision. We cannot ask the people to make such an important decision on children blindly as it would not make sense. It also makes no sense for the Opposition to come to the House with only one element of a Bill in a piecemeal approach to the overall aims of the new Constitution.

We all agree that children should be our priority. Although I was not in this House at the time of the joint committee's deliberations, I have read the report and listened to the debate on it. I am glad to note there was, after much discussion, political consensus on the way in which this referendum should be approached. I hope we can continue in the same vein given that the Government is so committed to this matter, regardless of anything else that is occurring politically. Political differences that may exist between the Government and Opposition regarding economic policy, for example, must be put to one side and never interfere with our joint aspiration to ensure our children and their future remain our top priority.

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