John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I join previous speakers in welcoming the Bill. I also welcome the fact that we are going to have a referendum to recognise the rights of children distinctly within the Constitution. I commend the Minister and her officials for bringing us to the point at which we are discussing the legislation that will allow the referendum to take place. The programme for Government contained an express commitment in respect of this matter and it is important that said commitment is now going to come to fruition. I join the previous speaker in hoping there will be a full and frank discussion of the issues during the campaign leading up to the referendum on 10 November.

In light of what we have learned in recent years with regard to the wholesale neglect of children by the State and the different organisations it charged with their care, it is important that we specifically acknowledge the rights of children within the Constitution. I commend the Minister and her officials on the wording of the proposed new Article 42A. Prior to the publication of the Bill, some concerns were expressed about the difficulty of ensuring that the wording would not be in any way controversial. In that context, I completely support the proposed wording because it will ensure that the rights of children will be fully protected by the Constitution in the future. That is wholly appropriate, particularly in light of the scandalous abuse of children that, sadly, occurred in this country over many years. As Deputy Harris pointed out, the proposed constitutional amendment is an attempt on the part of the State to grapple and come to terms with the scale of that abuse. It is not before time that this is happening. However, it is important that it is being done at this juncture.

I wish to emphasise the fact that the proposed new Article 42A makes particular reference to the exceptional circumstances that can arise from time to time. Thankfully, in most families such circumstances do not arise. They do, however, arise in a minority of instances. It is a fundamental part of the role of any legislator to ensure that we legislate for the future. Children and their rights must be central in this regard. I am fortunate in that I grew up in a very happy family environment. Not every child has the same opportunities I did and it is only right, therefore, that the agencies of the State should be in a position to intervene in family situations in which the relevant protections are not afforded to children. That is why the Bill before the House and the forthcoming referendum have my complete support.

It is the duty of every Member of the Oireachtas to ensure that the children of Ireland will enjoy the freedoms and protections outlined in the constitutional amendment. In beginning a new chapter in the history of our country, it is important to acknowledge some of the scandalous atrocities that were visited upon children in the past. It is very important, therefore, that we are now inserting into our Constitution express provision relating to the protection of children. Not every child finds himself or herself in the fortunate position of growing up in a happy family environment.

I welcome the recent publication of new adoption legislation by the Minister. The latter seeks to remove some of the inequalities contained in existing adoption legislation whereby the children of potentially married parents who are in long-term foster care could be adopted by their foster parents. This is a positive expression on the part of the State of its gratitude to foster families, of which there are many throughout the country, that have taken children from difficult backgrounds into their homes and lives and provided them with a proper upbringing. It is an extremely positive development that the role played by these families is being acknowledged and that it will be enhanced into the future. The relevant provision in this regard is contained in the adoption legislation that was published after the Thirty-first Amendment of the Constitution (Children) Bill.

I take this opportunity to reaffirm my full support for both the Bill before the House and the forthcoming referendum.

Constitutional documents have a tendency to avoid being prescriptive, listing as they do the rights of citizens. It is wholly appropriate that the Constitution would list the rights of children and that the nation would resolve to protect those rights. This is the reason I fully support this legislation and the proposed constitutional amendment.

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