Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I compliment the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, on introducing the proposed amendment to the Constitution which will protect children, support families and ensure all children are treated equally. The amendment represents a large amount of work. I know the Minister and her staff have worked extremely hard and consulted widely to produce a carefully worded change to the Constitution. Their hard work has paid off, as there appears to be broad agreement for the proposed amendment. Almost 20 years have passed since the retired Mrs. Justice Catherine McGuinness first called for constitutional change of this nature. That request was made on foot of a case in which a father had persistently raped and abused his daughter over a 15-year period. Successive Governments since have discussed the issue, made promises, examined options, established committees and prepared report after report on how best to protect the rights of children under the Constitution. It finally took a Fine Gael Minister - a woman at that - to do something about the matter.

From the outset, the Government has shown that it intends to be a Government of action with regard to children's rights. For the first time, a full senior Ministry was established to take responsibility for children and youth affairs. The Minister has worked tirelessly since she took office. I commend her for taking responsibility and dealing with this issue. The proposed change to the Constitution is just one part of a series of actions being taken to create a more child-friendly environment. One of the inequalities involves the different treatment of children under adoption law, depending on whether their parents are married. The referendum will address this matter in order that foster parents can adopt children who have been living with them for many years, in some cases.

We were all shocked by the findings of the Ryan report, in the Roscommon case and the independent report on child deaths. The circumstances and attitudes that allowed such abuses to continue have to be challenged and overcome. We need the referendum to protect the rights of children under the Constitution. It is important to point out that the amendment supports the family. Article 41 of the Constitution will continue to protect it. The referendum is about the safety and welfare of children; it is not about taking children from families. The State will be able to intervene only in exceptional circumstances, where there is a failure of parental duty. This is only right, as no child should be sacrificed to protect his or her parents or the institution of marriage.

The amendment to the Constitution is the starting block as we strive to protect the children of Ireland. It is critically important that the appropriate structures are in place to ensure children are protected. Earlier this year the Minister published the report of the task force on the child and family support agency, which is an essential part of our efforts to respond to the needs of children. The report is the foundation for a revolution in child protection and family services. The new agency will bring a dedicated focus to child protection and family support for the first time in the history of the State. Its establishment will mean that when a child comes to the attention of a social worker, an educational welfare officer or a garda, he or she will be brought into a single system and a single continuum of services, all of which will be focused on his or her well-being.

We are moving from a position where the provision of child and family welfare services was barely a priority to one where it will be the sole focus of a single dedicated State agency, overseen by a single dedicated Department. At the heart of the new agency will be a new service delivery framework which will differentiate between child welfare and protection cases in order that family and child welfare concerns can be responded to by way of new multi-agency, community-based models for early intervention and family support services.

The reference in the proposed constitutional amendment to proportionate responses will further underpin the development of these services. This is all about family support and early intervention. Family resource centres will also play an increased and very important role. I was delighted to hear the Minister state earlier that the legislation to set up the new agency will be introduced and enacted in the current Dáil session.

The children's referendum is very welcome. I believe it will mark a turning point in people's attitudes to the issue of children's rights. As citizens of this country, we all have a collective responsibility and obligation to ensure our children are protected. Horrific mistakes have been made in the past, there has been a lack of accountability and children have suffered as a result. It is up to us now to learn from those mistakes as we look to the future. After all, our children are our future. When good men and women fail to act, evil prevails.

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