Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I am delighted to have the opportunity to speak on the Thirty-First Amendment of the Constitution (Children) Bill which will provide for a children's referendum to be held and for a new article to be inserted into our Constitution recognising the rights of children in our country. I commend the Minister, Deputy Fitzgerald, on her tireless and determined work in making this referendum a reality and in keeping it a political priority.

In a time when we all know that the economy dominates political media and public debate it would have been easy to let the issue of child protection, and a referendum on this issue, slide down the political agenda. It is a credit to the Minister and to this Government that this has not happened and that she has brought us as a nation to this point where people will have an opportunity shortly to cast their ballots on this very important issue.

I genuinely enjoyed following the debate in the House over the course of the week. It has been one of the more interesting and substantive debates I have heard in my 18 months in this House. It has been a testament to how good this institution and this House can be when political parties of all sides park their differences and make constructive and substantive suggestions. The only regret is that, unfortunately, when that happens there appears to be a lack of media interest in it. The media must re-examine that issue. It seems that when there is no argy-bargy and Punch and Judy antics what happens in this House is not newsworthy. It is important to put that on the record.

In the time available to me I will focus on three points relating to the forthcoming children's referendum. First, it is important to note that while child protection issues are ongoing, there is no doubt they are very much an issue for modern Ireland. This referendum also provides a nod to our history and sends a message to those who were failed as children by our State, our institutions and some of its citizens. It takes the collective sense of shame, disgust, anger, repulsion and frustration which we as a nation, and each of us as individuals, felt upon hearing of the failure of this country to protect its children and turns those feelings into a statement of intent in the form of an article in our Constitution in which we clearly set out our desire to the effect that such failure or neglect will never again be tolerated.

The national rug under which so much has been swept is being thrown out and a new Ireland is grappling with its past as it looks to its future. In my opinion, this referendum marks the coming of age of our Republic in the context of protecting vulnerable children. It brings to life our words of regret and sorrow with positive action and intent.

There has been a great deal of comment with regard to the resourcing of services. There is no doubt that this is an important aspect of any political debate and also the delivery of any structure. It is vital, however, that we do not narrow the focus of this debate on Ireland's children to concentrate simply on the issue of funding. This country underwent a decade of massive economic growth which led to the creation of huge national wealth. Even during that time, however, we all were aware of the newspaper and television reports about vulnerable children being failed and child protection structures not working. There is a need for a cultural and legal shift in how the State cares for its vulnerable children. No amount of funding could ever rectify the reality that when it comes to adoption, children are not treated equally under Irish law. No amount of Government expenditure could ever change our legal system to ensure that the voices of children are heard and considered by the Judiciary. As the advertisement for one of the credit card companies states, "There are some things money can't buy."

The forthcoming referendum will involve the people placing in our supreme guiding legal document an intention to hear children's voices, support vulnerable children and treat all children equally when it comes to adoption. By all means, let us continue the important political discussion with regard to child-proofing budgets and the provision of funding. However, we must also recognise that the referendum will solve the age-old problems the country has faced, which no budget, in and of itself, could ever solve.

It must be acknowledged - as the Minister has done - that there is no such thing as a perfect wording. In my view and that of Members on all sides, this wording strikes a good balance and achieves what we as a society wish to achieve in respect of protecting and supporting vulnerable children. I echo the call by former Supreme Court Justice Catherine McGuinness and others for people, as the referendum approaches, to study the wording and familiarise themselves with it but avoid the risk of over-parsing it. As is the case with the old adage to the effect that doctors differ and patients die, if one puts a group of lawyers in a room for long enough, diverse views on any legal wording will emerge.

When we as citizens set out to consider this issue and then vote on it, we must ask ourselves key questions. For example, does this referendum move the country closer to where we want it to be in terms of how we view and value children? Is it an honest and credible effort to act upon the concerns expressed in some 17 reports over a period of two decades in respect of child protection structures and how we view children? Will the referendum help to ensure that children will be listened to when decisions relating to their well-being are made? Will it end a historic injustice and inequality in terms of how some children are treated within the existing adoption structures? If the answer to these questions is "Yes" - and I truly believe it is - then people must cast their ballots in favour of the constitutional amendment on Saturday, 10 November. Both the referendum and the Constitution belong to all of the Irish people, not to any one group. By familiarising ourselves with the wording, by engaging in respect of the issues and by voting, we can advance the position with regard to child protection a few weeks from now.

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