Seán Kyne (Galway West, Fine Gael) | Oireachtas source

The amendment proposed by this Bill, which is to be put to the people, has been a long time coming. It is particularly timely given that this year marks the 20th anniversary of Ireland's ratification of the UN Convention on the Rights of the Child. This convention contains several principles focusing on the best interests of the child, the right of the child to be heard and the right to life, survival and development. The amendment proposed in the referendum on 10 November will help to ensure that our Constitution helps us as a nation to live up to these noble and fundamental principles.

The Constitution, as an espousal of our ideas and values, defines our nation. To a large extent, time and constructive consideration are of the utmost importance when amendments to it are at issue. No one can argue that time and careful consideration has not been given to this amendment. The debate has been ongoing for 20 years now, with contributions from legislators, legal experts, policy makers and NGOs, all seeking to redress the imbalance. The Constitution Review Group, the all-party Oireachtas committees and others have produced over a dozen reports on the matter and much of this work is reflected in the finalised proposed amendment before us.

There are many reasons to support this amendment, not least because it will enshrine the independent rights of children and redress the imbalance which currently favours the rights of parents and family over children. This imbalance will be remedied as the State, through its agents such as social workers and health practitioners, will be explicitly empowered to intervene in cases in which a child's rights are being neglected or trampled on. Furthermore, the amendment will, for the first time, end the unconscionable situation whereby children have been treated differently on the basis of their parents' marital status. It will also bring to an end the situation whereby some children have to spend most of their childhoods in foster care because of a ban on voluntary adoption of the children of married parents.

This week the Dáil debated a motion on the Magdalene laundries, which was one tragic and shameful chapter of our recent history. Together with the Ryan and Murphy reports into the abuse of children, either in parishes or institutions, it is beyond doubt that the rights of some children have been ignored and disregarded. This neglect went on to have profoundly negative effects as the affected children reached adulthood. The amendment to include the new Article 42A in the Constitution will enable us as a society to prevent the traumatic and harrowing events of the past from happening again by ensuring State intervention to uphold and defend the welfare and safety of any child in the event of parental failure. By explicitly stating and recognising the natural rights of children, we are setting ourselves a high standard which should be common sense to any society which values, cherishes and protects its children, especially its vulnerable ones.

Despite the broad support for this amendment from all political parties and most NGOs and children's charities, we would be foolish to believe it is without detractors. Some have espoused genuinely held points of view while others have peddled complete nonsense, such as the claim that if the amendment is passed children will be taken from their families on the basis of a phone call. Others still have castigated the amendment and view it in a similar light to the mother and child scheme of some 60 years ago on the basis that it seemingly interferes with family life. Opponents in the last category seem to have difficulty with an Ireland that no longer imposes morality based upon a single religion but rather works to safeguard child welfare and vindicate the rights of children as human beings, through a combination of legislation and constitutional amendments, based on internationally recognised best practice standards.

This amendment should not be viewed as a standalone measure. It is the latest in a suite of measures designed to prioritise child welfare and rectify the grave mistakes of the past. Already, in the short time it has been in office, the Government has produced other significant legislative measures in this area, including the Criminal Justice (Withholding Information on Offences Against Children and Vulnerable Persons) Bill and the National Vetting Bureau (Children and Vulnerable Persons) Bill. These will be joined by the children first Bill, which will clarify and strengthen procedures to guide those citizens working with children. These Bills and the addition of a dedicated article dealing with children's rights into our Constitution are essential, but so too are resources. If we are to succeed in upholding the highest standards of child welfare and protection we must ensure we make best use of the resources we have.

I note and support the inclusion of the child and family support agency Bill on the autumn legislative programme. A task force was established recently to advise the Department of Children and Youth Affairs on the creation and operation of this new agency, whose sole focus will be the delivery of family support and child welfare and protection services. I commend the Minister, Deputy Fitzgerald, who is evidently working hard to reform this vital area. I also commend her for her work over the last 18 months on the rights of the child. The constitutional amendment to be put before the people on 10 November is central to this work and I urge all citizens to support it.

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