Jonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

I wish to share my time with Deputy Pádraig Mac Lochlainn. I welcome the publication of the Bill which has been long-awaited and is universally welcomed, certainly by everyone in this House and by the vast majority of groups advocating on behalf of children. I also wish to pay tribute to the Minister's own determination in pressing ahead with this legislation. It shows a great commitment on her behalf and a sense of her understanding of the urgent need to deal with this matter as soon as possible. I also acknowledge the work done by previous Ministers and the work of the joint committee. Many people have worked to bring us to this point. It is now incumbent on all of us to ensure that the referendum is passed. The last thing we want is that all this work would be in vain.

All too often we hear about the neglect, abuse and exploitation of children. I refer to the Private Members' motion on the Magdalene laundries and the Bethany home. That debate brought home to many of us - who may not have been very aware - of the reality of what life was like in those institutions. After that debate nobody can be under any illusion about the type of neglect and abuse suffered by children in those institutions and the failure of the State to address it. As I said in my contribution to that debate, it is a stain on the history of this State, something for which we as legislators must all take responsibility and do our best to rectify. If we do not do so, there could be further abuse, neglect and exploitation of children. The most important work is to ensure that children have a voice. There can never again be a situation where the voices of children continue to be silenced.

I refer to the contribution of Deputy Ó Caoláin to the debate on the Private Members' motion last night. He outlined that Sinn Féin will support this referendum and we will campaign actively in support of a "Yes" vote. As Deputy Ferris said, all the political parties will be supporting the campaign and this sends out a clear message that this legislation is of paramount importance and must be supported.

The key principle of the UN Convention on the Rights of the Child must be enshrined in Irish law but it is also in the best interests of children to ensure that this referendum is passed. We must campaign to deliver the message that this referendum is of paramount importance for the welfare of children. The key beneficiaries of a "Yes" vote will be children.

In the opinion of Sinn Féin this amendment does not do everything we would like it to do but there is no doubt that it has the potential to address some of the legal barriers which have prevented the State from intervening in the past in situations where children have been at risk and it is a welcome measure.

The amendment will readjust the threshold for State intervention and it will place an onus on the State to support children and to adopt a proportionate response to parental failures. It will also ensure that in exceptional circumstances where children have been failed by their birth parents and where they have formed loving connections with their foster parents, it will now be possible for them to be adopted and to become the legal children of those foster parents. That is to be welcomed.

While the State must do everything within its power to help to keep families together and to ensure that adequate resources are in place, this will not be possible in some hard cases. Children must be given the opportunity of a second chance to experience a loving family relationship.

Some will argue that there is no need for this amendment of the Constitution. They will argue that this amendment will impose unnecessary levels of State intervention in families but I do not agree. Deputy Ó Caoláin stated that this proposal will not weaken the constitutional position of the family which is protected under Article 41. The proposed amendment will not affect Article 41. This is a point we will need to argue very forcefully during the referendum campaign because that argument will be promoted by others and we will need to rebut it with the facts.

I am my party spokesperson on education. The knowledge-based economy is a well-used term by successive Governments. As we debate the place of children in society, we need to be mindful that education is a critical phase in a child's upbringing. It has the potential to expand a child's opportunities in life. However, inequality exists in education and it must be addressed by both the Government and the Opposition. The Government could use the budgetary process to protect education and to prioritise it and those of us in opposition need to put forward credible costed alternatives. Studies have shown the link between education and child development. I refer to young people who leave school early and who come from disadvantaged backgrounds and who do not have the same opportunities to access education as other children.

This is not true in all cases, but a certain number of children who drop out of the education system will inevitably end up with addictions and involved in petty crime. It is incumbent on us all, as we discuss this proposal to place the rights of the child into the Constitution, to ensure it is not merely a case of words and no action. If we are to do justice to what the Minister is seeking to achieve on behalf of children, we must ensure there are adequate resources in place. I hope the Minister's Cabinet colleagues, as they partake in the upcoming budgetary process, will recognise the important role that education can play in helping children to grow into successful adults, regardless of the opportunities, or lack thereof, arising from their family background.

I look forward to the forthcoming campaign to ratify the referendum proposal. It is important that we do not take it as a foregone conclusion that there will be a "Yes" vote. That would be a serious mistake. We all have a responsibility to argue the merits of the referendum and to ensure, once and for all, that the rights of children are enshrined in the Constitution. I look forward to playing my part in that effort.

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