Ciara Conway (Waterford, Labour)

I welcome the opportunity to contribute to the Second Stage debate on this important legislation. On Deputy McDonald's point in regard to the Magdalene Laundries, I do not believe anybody denies the truth in terms of the horrific stories we have heard of the conditions endured by the women and children involved. However, we await publication of Senator McAleese's report on this matter. I have worked and continue to work, along with Ms Sally Mulready, who is based in London and was recently appointed to the Council of State by President Higgins, with these women. Ms Mulready has also referred to how time is not on their sides and how beneficial the process with Senator McAleese, whom I know met with them in London some weeks ago, is to them.

This Bill places a duty on all people and not only health professionals, as was the case in the past, who are working with children to report certain specified arrestable offences to the Garda Síochána. Child protection is everybody's concern. It has been easy in the past to scapegoat particular organisations or individuals in this regard. We are now for the first time taking a cross-departmental approach to the issue of child protection. Deputy Buttimer, Chairman of the Joint Oireachtas Committee on Health and Children, referred to the prolonged period of interaction that has taken place with various stakeholders on the heads of the Children First Bill. For the first time ever an interdepartmental group appeared before that committee to report progress in Departments in terms of the steps being taken to ensure child protection is being adequately and efficiently dealt with. While this should have been done in the past, we were bereft of legislation in this area in respect of which we had only empty promises and rhetoric from previous Administrations.

This Government has been in office for 16 months now. There is now a stand-alone Ministry with its own budget in this area; three significant pieces of legislation, including the Garda Vetting Bill, the heads of the Children First Bill and the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable People) Bill 2012, have come before us; for the first time since the foundation of this State a handbook for social workers in terms of practice has been published and HIQA has published standards on child protection services. These are services which people would have assumed were in place but were not, leading to us being presented with a plethora of reports on child abuse, including the Murphy, Ryan and Cloyne reports, all of which were shocking and sickening and which detailed horrific abuse of children, something none of us in this House wishes to see happen ever again.

As I stated, these reports focused heavily on abuse committed by members of the clergy. This is a key area of concern although, as others have said, we know abuse can occur anywhere. The focus of the debate on this legislation has been around the confessional seal, which disturbs me. How many disclosures were made in the kitchens of bishops palaces or in the sculleries of the parish priest's house where no confessional seal was in place yet they failed to take action or to take responsibility for or to support and protect young people and children in our State against whom some of the most horrific crimes had been committed? In my view, this legislation will address that issue.

People speak about the need for the voice of the child to be provided for in legislation and policy yet, we hear adults speak of their discomfort about having to make a disclosure or report. What about the child's discomfort? Where is the child's horrific experience to be voiced if adults will not step forward and take up their responsibility to protect children and vulnerable people?

There has been much focus on child protection. It should not be forgotten that there are 370 and 4,000 residential beds in this country for children and adults, respectively, with intellectual disability yet we have no method of monitoring what goes on in these institutions. If history has taught us anything it is, unfortunately, that people who seek to abuse others focus on areas where vulnerable people are present. I welcome this legislation and all the other legislation on the protection of children which has been brought before this House. However, there are still loopholes in our law in this regard. We have much work to do in terms of protecting vulnerable people. We must put in place criteria and standards for residential institutions to which people with intellectual and physical disability often go for respite or full time care. It is incumbent on us to pursue this.

This is the first occasion I have had an opportunity to speak in the House since publication of the death of children in care report. I worked as a social worker on the front line in the period from 2000 to 2010 and I have experience of being that social worker who fought for expenses to send flowers to a child's funeral. I hope now more than ever that we will see child protection services taken away from what we know to be a very dysfunctional HSE system. I have great confidence in the Minister's vision for the new child protection and family agency. I was pleased to see an additional subhead in the budget to ensure the agency will be appropriately staffed and will be able to implement and do the type of work we need it to do.

Atrocities happen when good people fail to act. The legislation will bring this to the fore in people's minds. We know people out there know what is going on, but for some reason they feel they cannot come forward. The Bill will compel people to do this and we do not have to make any apology for implementing such badly needed legislation. The onus will be put on people who have knowledge of a crime to voice their suspicions and make known their concerns.

The motto of Barnardos is that every childhood lasts a lifetime, and this is very true. We can see the early childhood experience of those children who suffered abuse in the past in State care or who were resident in Magdalen laundries followed them through their lives. It is also reflected in those we see in Mountjoy. It is no coincidence that a high proportion of those in care end up homeless and, because of the cruel and distressing life people lead on the street, turn to crime and end up in prison. Much analysis and research has shown the experience of children from birth to the age of five has a lifelong and lasting impact on their social, emotional and physical development.

I welcome that the Minister has brought forward this legislation and that he is working with his Cabinet colleagues, in particular the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, to ensure we have a proactive approach from now on with regard to intervening with children who come to the attention of social services at the earliest possible stage. We know this is in the best interests of the child, the family and the parents.

With regard to the referendum on children's rights there is much discussion about what day of the week a referendum is held. If we are to have the fullest participation on such an important matter, and to ensure the participation of young people who may be away at college or university or attending training, we should hold this referendum on a Saturday. I have asked the Minister about this previously and I hope he will bring it back to his Cabinet colleagues. Let us show people how serious we are about ensuring everybody has their say on such an important issue. We should consider this. It would also signify the importance we place on the rights of children. We should stop the rhetoric on the voice of the child and give an opportunity to engage on this issue to those close to childhood, at the age of 18, who are the most likely to be away from home.

The rights of the child and the protection of our children and vulnerable must take precedent. By protecting people who are vulnerable or who may have an intellectual or physical disability we are responding to the duty of care incumbent on all of us and supporting what can only be described as a basic human right. By protecting our children we protect all our futures.

See this speech in context