Catherine Murphy (Kildare North, Independent) | Oireachtas source

We are very fortunate in this country to have a written Constitution. That is not to say I am satisfied with every provision therein or that I do not wish to see it modernised. However, it does serve to frame the higher principles from which laws are enacted and society is organised. The inclusion of a section in the Constitution dedicated to the rights of children is essential, particularly in view of the failures by the State over many decades to protect them. The wording of the proposed amendment has taken time to produce but is well considered and offers a fair balance. In short, it achieves what it is intended to achieve. It is, however, merely a starting point and must be seen as such. If we are to remedy the many failures involving the welfare of children and draw a line in the sand that will not be washed away by yet another scandal, we must construct integrated institutions that are capable of responding to changing needs and risks. We must resource key services and seek to ensure, in so far as it can be guaranteed, that the children of today and of the future will have better stories to tell than the many tragic stories of the past. Many of those children were not only robbed of their childhood but suffered serious consequences in their adult lives in terms of opportunities lost.

I commend the Minister on her work thus far and on her open-door approach in regard to consultation. This referendum must be about one issue only, namely, the welfare of children. The Minister's approach has reflected that imperative. I take this opportunity to express my support for the proposal and to encourage support for it. As others have observed, the passing of this referendum will lead to no immediate changes in practical terms. It will, however, afford rights the State must assume responsibility for delivering. I was a member of the Commission on the Family which was established following the second referendum on divorce. It was a major initiative which took some three years to complete its deliberations. Some of us found our eyesight was impacted by the volume of material we had to read. The intention was to consider how families could best be supported in the case of divorce and how the problems arising from marital break-up could be minimised. Divorce was intended as a second chance for those who wished and needed to avail of that chance. It was not intended to undermine families, despite some of the scaremongering claims that were a dominant feature of both divorce referendum campaigns.

In accordance with a recommendation of the Commission on the Family, the Department of Social Welfare was renamed the Department of Social and Family Affairs. This was one of a range of useful recommendations by the commission that were subsequently delivered, including the proposal that a Ministry dedicated to the welfare of children and young people be established. The Minister might consider whether there is an opportunity in the aftermath of the referendum to consider in a more complete way, by means of a consultation forum akin to the commission, how best to ensure children and young people can be supported. It is particularly important that such issues remain in focus during these difficult economic times. It will be necessary to examine how to make best use of resources and integrate services. I ask the Minister to consider adopting a similar approach to that taken by the Commission on the Family following the passing of the referendum on divorce.

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