Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak on this Bill. This is an historic occasion because we hope to enshrine the rights of children in the Constitution, and I thank the Minister, Deputy Fitzgerald, for giving the people the opportunity to express their wishes in a referendum. There is unity of purpose in the House with regard to the broad thrust of the amendment and my words should be taken as observations rather than criticisms of the Government or its policy.

The Minister knows well that rights have often been established without the resources to back them up. In past decades, the church, the State and families have abdicated responsibility for giving children the opportunity to reach their full potential. The abuse inflicted on many children has had a deep and damaging effect on the nation. I hope this referendum may be part of the healing process and allow people to express support for children's rights, thereby acknowledging that we all betrayed children for too long. The unity of purpose in this House and the broad support among the community is very welcome.

The publication of the adoption (amendment) Bill in tandem with the proposed wording of the constitutional amendment is welcome. We are all aware that the lives of too many children have been put on hold because of the difficulties associated with the adoption of children of married couples.

In particular, the provision to address the difficulties arising from the prohibition on the children of married couples being placed for adoption is very welcome. It is a critical component of the overall architecture of the amendment.

We are very good at conferring rights but not so good at resourcing them. For example, for far too long we have turned a blind eye to the incidence of truancy in schools. This is just one instance where legislative provisions regarding the welfare and health of children are not reflected in practice. There is an opportunity now to have a debate on the need for a higher level of liaison between the various State agencies involved in child welfare issues, the Garda Síochána and schools. Teachers are on the front line in that it is they who will observe that a child is not attending school or is showing signs of malnourishment or other types of mistreatment. The obligation should not necessarily be on the teacher to report in such instances, but there should be a mechanism whereby schools can report such matters to the relevant agency - in this case, the Health Service Executive - with the latter having the responsibility to act. With the benefit of hindsight, it seems obvious that in the Kilkenny incest case, the Roscommon case and others there were serious problems in the home. While those problems may have been alerted to the authorities from time to time through the schools or by members of the local community, no effective action was taken. This points to a fundamental breakdown in the system of protecting children, arising from a failure of communication between the various agencies in feeding information and taking appropriate action.

An effective system of co-operation and liaison between the different authorities is a critical aspect of safeguarding children's welfare. I am aware that the HSE has an obligation to act under the Child Care Act, but it can only do so on the basis of the information it is given. There must be a more concerted and proactive system of co-operation between the various bodies with a responsibility in the area of child protection and welfare. For most children, home is their sanctuary. If it is brought to the attention of authorities that a child is subject to mistreatment in the home setting, that information must be acted on. There have been claims that the provisions in this regard represent an intrusion on the privacy and sanctuary of the home. Nothing could be further from the truth. It is about achieving a balance between the right of the individual child to be heard and protected, while also recognising the special recognition assigned to the family under law. The proposed amendment does not alter that privileged status, but it does seek to hold the family accountable as a safe environment in which to raise children.

School truancy is a well recognised phenomenon in our society, as reflected in the enrolment books of a large number of schools throughout the State. What is required to address this problem is a better follow-up system involving home-school liaison officers, social workers, the HSE and, where appropriate, the Garda. A failure to attend school regularly is often the first sign that a child is in a vulnerable position. Again, sufficient resourcing is key if we are to have an effective system for detecting and deal with truancy in the education system.

To reiterate, none of the points I am raising is meant as a criticism of the Minister. As I said, she deserves the congratulations of us all for having brought this proposal to the House. This debate does, however, afford us an opportunity to raise issues of concern under the broad umbrella of child welfare and protection. A report in last Tuesday's Irish Examiner indicated that the HSE had placed a ten year old child in a home for older, troubled children, in contravention of its own national policy recommendation that children under 12 years should be placed with families. This child had spent eight months in the care centre in question when it was visited by inspectors from the Health Information and Quality Authority, HIQA, last May. The inspectors conveyed their concerns to the HSE that a more appropriate placement had not been found. When the newspaper reporter inquired about the case to the HSE last Tuesday, a spokesperson indicated that the HIQA recommendations had been implemented in full. HIQA pointed out that despite the home's stated function being to cater for 12 to 17 year olds for a maximum of 12 months, it was, in fact, open to housing children aged eight to 11 years. It is common sense to recognise that, in a care setting, children between the ages of 12 and 16 or 17 years could have a negative influence on younger children. Older children, unfortunately, may be dealing with substance abuse or sexual exploitation issues as a consequence of their experience of growing up in a dysfunctional or unsupportive home environment. We must avoid situations where vulnerable younger children are exposed, within a care setting, to negative influences. This requires clear lines of demarcation in the provision of care for children in different age cohorts. There must be dedicated facilities for vulnerable younger children and care must be taken that such children are not placed in a foster care setting where they will share a home with troubled older children. HIQA has done us a service in highlighting this issue. Once again, however, it will be a question of ensuring the HSE has adequate resources to ensure it is a priority.

Part of the difficulty in regard to child protection and welfare issues is the compartmentalising of Government activities. The Minister for Children and Youth Affairs, the Minister for Health, the Minister for Social Protection, the Minister for Education and Skills and the Minister for Justice and Equality all have a responsibility, within their respective Departments, for different aspects of child welfare, including protecting and supporting children and families through social welfare and health provision. We must devise a sensible arrangement whereby Departments, instead of operating as separate silos, will take a more co-ordinated, trans-departmental approach. Some progress has been made in this regard, but it seems apparent that there are fundamental gaps and flaws which hinder a streamlining of observation, reporting and action in the area of child protection. Above all, there must be co-operation between Departments and agencies in processing information from teachers, the HSE, the Garda and community and voluntary organisations. I urge the Minister to place a strong emphasis on this issue in her management of her Department. I accept the difficulties facing her and all Ministers at a time when the Government is under severe resource pressure, but this matter must be a priority.

There are also concerns to be addressed in terms of the broader question of society and how it is evolving and developing. Any parent will agree that as soon as one has a child, one begins to look at life differently. There is huge pressure on children today as a consequence of intense marketing by various industries and companies. An issue of real concern to parents in this regard is the sexualisation of young people. While there have been significant changes in the advertisement of tobacco and alcohol products, there is covert and insidious advertising in other sectors which is targeted at younger age groups in a very succinct and subtle way. We must be diligent in this regard and there is a case for revisiting the legislation on advertising standards and considering a programme of awareness-raising in schools.

Another factor is the impact of Internet and social media advertising. Children these days are more keenly aware of issues in the world than we might have been when we were growing up simply because of the volume of information they are presented with on a daily basis through various media. This can have a disturbing and negative impact. A recent report showed that among 13, 14 and 15 year olds who had attempted suicide, a large number cited cyber bullying as a component of their distress. We must tackle the pressures on children that stem from media influences, whether through traditional advertising or the medium of the Internet.

Emphasis must be placed on the protection of the child. Many reports published over the years, including the Murphy commission and Ryan reports, showed that the church, State, parents and families abdicated their responsibility, turned a blind eye to abuse and made no effort to deal with sinister and insidious behaviour in certain institutions. The State stood idly by, as it were, and abdicated its duty and responsibilities by farming out children to religious orders.

According to a recent report, some of the religious congregations still have not learned lessons from the past. The congregations have an obligation and a duty not only to clean up their act but also to assist the authorities in any way possible in their investigations into crimes committed against students and children in their care. I hope the Garda Síochána will pursue those who perpetrated heinous acts on children in schools or other institutions and bring them to justice regardless of when the abuse occurred. I was a boarder for a number of years at Sacred Heart College in Carrignavar, which was heavily criticised in a recent report. I have met some of those who were abused at the college, whose lives have been shattered by their experience. Like others who attended the school, I ask myself why we did not become aware of the abuse, especially as I considered myself a streetwise young fellow who knew the world around him fairly well. Perhaps if we had been a little more streetwise, I and others would have understood what was taking place in the college and many similar institutions around the country. People who did not see what was occurring or did not raise suspicions they may have had feel a certain amount of guilt because they believe they sat on their hands and allowed these events to happen. The referendum offers us an opportunity to try to put right the many wrongs of previous times.

The issues we face are not only historical in nature, however, because problems such as homelessness, truancy, substance abuse and the sexual exploitation of children can be observed daily on our streets. We must be conscious, therefore, that the point of the referendum is not to try to address historical deficiencies in child protection but to ensure that such deficiencies are not repeated and the vindication of the rights of the child is placed centre stage. Once the referendum has been passed, any legislation required to uphold and vindicate the rights of the child or force the State to meet its responsibilities will be welcome. I hope that child protection legislation will be continuously monitored and updated as society evolves and changes.

The amendment to the Constitution will provide a new lease of life for children of married couples who have been placed in foster care by allowing them to fulfil their hopes and aspirations. I hope it will allow all the children who are currently in limbo to move on with their foster parents.

The Health Information and Quality Authority, HIQA, has an important role in the oversight and inspection of care facilities for children who are vulnerable or at risk. The issue of resources is a cause for concern because in the current political climate hospitals tend to be the focus of our attention. For this reason, we need an assurance that HIQA will be able to fulfil its mandate of carrying out regular inspections of child care facilities run by the HSE and others. As its remit broadens, we must ensure the authority has available to it the resources and capability it requires to provide a permanent inspection regime for such facilities, especially in light of the difficulties the HSE experienced some months ago as it sought to house a ten-year-old child in Kilkenny.

I hope for all the reasons I have cited that we have a vigorous discussion on the referendum. As with all referendums, some people will oppose the proposed constitutional amendment. However, the broad support the amendment enjoys in the House sends a strong signal to broader society that Parliament is genuinely committed to ensuring the child is placed centre stage in our Constitution. We must also send out a message that we are not seeking easy plaudits but will show a strong commitment to follow up and provide protection to children in vulnerable circumstances.

As I noted, children continue to fall into homelessness or engage in substance abuse and truancy at an early age. The neglect of the general welfare of children can be observed daily, including on the street opposite this House. A society that purports to be a civilised republic must address this matter urgently.

I thank the Minister for delivering on her commitment to bring this matter to the people as quickly as possible. While it took a long time to reach this position, the all-party consensus achieved in the committee which was established specifically to deal with the constitutional amendment has been of great assistance. While it may not have made the Minister's job easier in terms of technical matters such as producing the correct wording for the amendment or a legal framework that would stand up, it helped to ensure popular political support for the referendum. The advocacy groups that were regularly consulted throughout this process will fully support the amendment and the legislation that flows from it. I wish the Minister well.

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