Colm Keaveney (Galway East, Labour) | Oireachtas source

I wish to acknowledge the dedication and commitment of previous Ministers in this area. I also acknowledge the endeavours of the Minister for Children and Youth Affairs, Deputy Fitzgerald, with respect to the proposed amendment to the Constitution. The proposed new Article 42A.1 states: "The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights." Why is this needed? Why do we need to have this debate if we have a Constitution with the provisions of Articles 40, 41 and 42? Are these not sufficient to safeguard the rights of children? These questions have been raised by some voices in society opposed to the current amendment. I admit to being left in some confusion about why anyone could continue to raise these questions today.

Deputy Calleary is quite right: we need to be on message when it comes to this issue as we approach a difficult and challenging time economically in this country. Let us not forget that during the past 20 years, from the Kilkenny incest investigation report in 1993 through to all the revelations and reports into child sex abuse, testimony has been given by thousands of children who have suffered throughout the history of the State since Independence. This has continued up to the most recent reports of the deaths of children in the care of the State. We can be in no doubt of the need to amend the Constitution. Society's attitudes allowed these abuses to continue and they must be challenged. This amendment, particularly the article quoted above, will lay down a marker to help and foster a new attitude in this country to children and their rights.

One significant change that will result from the amendment is that all children will be treated equally with regard to adoption, regardless of the marital status of their parents. All children will be treated equally when it comes to the protection of their welfare. The first legislative act to follow from the amendment will be the Adoption (Amendment) Bill. This will allow for children of married parents who have been placed in the care system and abandoned or who have been subject to serious failure in respect of the duty of care of children by their parents to be eligible for adoption. The spirit of the amendment will demand further legislative acts. It will change the philosophy of the Government with respect to underpinning the care of children in society.

Two areas that need attention come immediately to mind. The first is the need for an improvement in the standard and quality of how we approach the welfare of children in the care of the State. Second, we must be in a position to guarantee that no child or vulnerable young adult will ever be placed in an adult mental ward or mental health unit. There are many others to which I am keen to refer, and I thank the Minister for her availability and understanding in this respect. I welcome the philosophy with which the Minister has approached this Bill and I warmly and unconditionally support her in her endeavours in this respect. I understand what we are trying to achieve here, but the country must also understand what we are trying to achieve. This has been a key objective of both Government parties in our manifesto and it is a key area of the programme for Government. It is important that the country sees that we are honouring this.

While economic issues continue to dominate the political agenda in this country, there remain many important issues that require attention and this is one in which I look forward to playing a role with respect to communication. This referendum has been a journey of a thousand miles, but we must take care and ensure that no scare tactics engender challenge to the passing of this vital amendment. I note from discussions with Labour Party members across the country that they will be active on the ground in this campaign and it is incumbent on all political parties to play a role in ensuring that this amendment is successfully passed.

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