Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I propose to share my time with Deputy Bernard J. Durkan.

I commend my colleague, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, for bringing this transformational proposal for a referendum before the House. I also commend all Members of the House for the cross-party support for this measure. I commend the civil society groups which have been forceful in their support for the amendment of the Constitution on the rights of children. That support is crucial. However, it is important that a full debate take place on the airwaves and in the media generally. I share the concern of the Minister for Finance, Deputy Michael Noonan, that the media provide for a full debate on the issue. I acknowledge there are constraints in terms of balance, but this should not stop the media from airing and discussing the issue which is crucial for democracy and, in particular, the welfare of children. We should not take the view that the proposal need not be fully debated and should be nodded thorugh. I commend all those who have participated in the various committees which have discussed this issue and the wording of the referendum.

There has been much debate and discussion and also a recognition of what has happened in the past. There have been 17 reports since Judge Catherine McGuinness's report on the Kilkenny incest case. We have all been struck by the appalling manner in which many children were treated in the past. The case I remember most is that of Sophia McColgan and what happened in her family. Despite the fact that various agencies of the State were involved with the family, it took a long time before there was an intervention. The proposed amendment of the Constitution, if agreed to by the people, will bring about a change in how children will be treated in the future. It will be a case of building a system of protection to give every child in the State, particularly vulnerable children, the opportunity to have a nurturing and secure childhood. It is about changing attitudes to children in order that they will be seen and heard and that their views will have weight and consequence. It is about enshrining in the Constitution a vision of children as citizens recognised as having an entitlement to inherent rights that must be vindicated. The principle that the voice of children should be heard is very important.

We do not wish to have the debate distracted by what is not contained in the proposed wording. The role of the family is still central and Article 41 is not being interfered with. In a small minority of cases there are dangers to the safety and welfare of children and the amendment of the Constitution will provide the State with the authority to intervene in such cases in clearly defined circumstances. However, there will be safeguards, a balance and proportionality in any measure undertaken.

I refer to the proposed Article 42(A).2.2°. This important reform addresses a lacuna in Bunreacht na hÉireann which currently does not refer to the circumstances in which adoption will be provided for in law. In the case of foster parents adopting a child, the current test is extremely arduous. As such, the number of children in foster care who are adopted is very low. The Minister indicated last night that the number was just 16 children in 2010 and 2011. More than 2,000 children have been with the same foster family for more than five years and have not had the opportunity to be adopted.

The proposed wording will allow the Oireachtas to debate and pass a new adoption Act. In this regard, I commend the Minister on the publication of the draft adoption (amendment) Bill 2012 in tandem with the referendum proposal. This will afford citizens a clear perspective on the constitutional and legislative reforms that will flow from a "Yes" vote on 10 November.

Deputy Richard Boyd Barrett referred to the broader range of issues relating to children and child welfare. It is important to emphasise that the proposed constitutional amendment is just one measure, albeit perhaps the most important one, in the Government's reform agenda in the area of child protection. Efforts in this area include the passing of the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill, the introduction of the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 and ongoing work on the Bill to place the Children First guidelines on a legislative basis. The proposed child and family and support agency, functioning independently of the Health Service Executive, will ensure the principles enshrined in the constitutional amendment become a reality in the lives of thousands of children in this country.

The forthcoming campaign will be beneficial for democracy by allowing citizens to focus on the future of our children. This is an issue that is central to any democratic society but one that has, unfortunately, been too often neglected in the past. The referendum will mark a new beginning in efforts to safeguard the welfare of children and to cherish childhood. The debate in this House is the starting point of that process but we must also strive to engage the broader public.

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