Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael) | Oireachtas source

I welcome the opportunity to speak in this important debate. I warmly welcome the publication of the Thirty-First Amendment of the Constitution (Children) Bill 2012, as provided for in the programme for Government, which is an important element of the reform of child protection legislation. I thank all those who have contributed to date, including those in the political sphere and also advocates such as the Children's Rights Alliance and Dr. Geoffrey Shannon, and especially the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and her officials in the Department of Children and Youth Affairs. The creation of a special Cabinet Minister with responsibility for children copperfastens the Government's commitment to children and families in our society.

By providing for the insertion in the Constitution of a new Article 42A, the nation will ensure that children are recognised in their own right in the Constitution, in which they had previously been all but invisible. The opponents of the referendum argue that a "Yes" vote would in some way reduce the role of the family. Nothing could be further from the truth. The family will continue to be protected under Article 41. We all know that the best place for children is to live with their families but not all families can provide, or wish to provide, what children need. Such families will not help children to reveal their true potential and to succeed in life.

We should reflect on how children have been served by the Constitution to date. The passing of the referendum will ensure they will be placed centrally in the Constitution. As other speakers have said, this change was recommended by Mrs. Justice Catherine McGuinness at least 20 years ago. In cases in which families are not the best or safest place for children, the voices of children will have to be taken into account where previously the family was prioritised. Those arguing against the proposal have stated that the State will take children away from their families, and such scaremongering is beginning to be spread in the debate. However, the State will intervene only in exceptional circumstances. The model of family support for children and the protection of their welfare is still central to Government policy and will not change. This has been a successful model. I refer to the marvellous foster families who welcome children into the warmth of their family homes and provide them with the care and attention they need so that they can heal their emotional or physical wounds. Foster parents are very special people and their marvellous work must be acknowledged.

I refer to the proposed Article 42A.2.2° which will make provision for the adoption of children. This will allow for children to be adopted, but only where the biological parents voluntarily agree. Currently there are 1,500 children who have been in care for more than five years and who have little or no contact with their biological families. Those children deserve the opportunity to be adopted into a loving family and to be given all the opportunities and security of belonging legally to a family. We need to consider the welfare of children whose parents are abusive to the point of criminality and ensure that laws are in place to protect them. The publication of the general scheme of the adoption (amendment) Bill alongside the referendum will inform the debate and provide the required clarification.

I am pleased to note that Members opposite support the work of the Minister and that they will campaign for a "Yes" vote in this most important referendum. I hope that people will engage in the debate and that they will take note of the information provided so that we can have a good debate with them when we go out on the campaign. At that point we will be able to discuss the proposal in detail with voters. We are putting children at the heart of our Constitution and at the heart of our society.

We have all been horrified by the cases that have arisen in the past. Deputy John Paul Phelan referred to his own happy upbringing and I am one of many who had a happy childhood. Those of us who know what it is like to have a happy and fulfilled family life think of the horrors that other children have suffered throughout the history of this country, often at the hands of their families. It is the responsibility of the media to give us their full attention so that people will hear the points we make about the referendum.

I know this referendum will not solve all of society's ills but we must protect our children, support families and treat all our children equally so that they may live healthy, safe and contented lives and have the opportunity to fulfil their potential and to become full members of society. I look forward to taking part in the campaign to advocate for a "Yes" vote and I look forward to hearing both sides of the argument in the debate, but I hope those campaigning for a "No" vote will listen to those of us who are advocating for the proposal and see the sincerity of our call for a "Yes" vote.

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