Michael Conaghan (Dublin South Central, Labour) | Oireachtas source

I am delighted to support the Bill which proposes a constitutional amendment to recognise and enshrine the rights and voices of children in Bunreacht na hÉireann. I thank the Minister, Deputy Frances Fitzgerald, and her staff for their work and commitment to date. A constitutional amendment of any nature is no small matter. Each word must be carefully chosen and each sentence carefully constructed. Given that there is no doubt the wording will be tested again and again in our courts, it is essential that it does not create any anomalies, loopholes or circumstances in which the intended rights of the child cannot be fully vindicated. I commend the Minister, her staff, the Attorney General and those who offered their advice in this matter on their efforts to date. As a Labour Party Deputy, I am also proud to support the delivery of another commitment made by the Labour Party in its manifesto and reaffirmed in the programme for Government.

The proposed amendment will expressly recognise children in their own right in the Constitution and strengthen the protection of children from abuse and neglect by putting their best interests on a constitutional footing and at the heart of decision-making processes. The need for this constitutional amendment has been apparent for some time and has been called for by various bodies and expert reports for nearly 20 years, dating back to the publication of a report by Judge Catherine McGuinness on the Kilkenny incest case. The judge's report, which was submitted to then Minister for Health, Deputy Brendan Howlin, in 1993, included the following recommendation: "We believe that the Constitution should contain a specific and overt declaration of the rights of born children." Nineteen years later, we are finally delivering.

As I indicated, I am pleased to note the proposed amendment has gained almost unanimous support and is being backed by every party in the House. The amendment builds on the extensive work of the all-party Joint Committee on the Constitutional Amendment on Children, chaired by former Deputy Mary O'Rourke, which reported in 2010. I am glad cross-party support on this matter has been maintained as the referendum approaches.

The need for action has been starkly highlighted by Ireland's sad history of protecting our children. The reports of the Ryan commission and Cloyne inquiry, the Roscommon incest case, the report of the independent review into the deaths of children in care and many other reports highlight a damning litany of abuse, neglect and failure to protect our children. As the Children's Rights Alliance states in its submission, the referendum will allow us to set out "how we, as a country, now view and value children, and move beyond the damning history of child abuse in Ireland." With this referendum, we have the opportunity to create a new legacy for Ireland and our children.

Some 20 years after Ireland ratified the United Nations Convention on the Rights of the Child in 1992, we are putting some of its general principles into effect. These include the protection of the best interests of the child, the right of the child to be heard and the non-discrimination principle.

According to the wording of the proposed amendment, in proceedings "brought by the State, ... for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or concerning the adoption, guardianship or custody of, or access to, any child, the interests of the child shall be the paramount consideration." The Constitution will now take a child-centred approach to the protection of children. Adoption, guardianship, custody and access decisions will be based on the best interests of the child. This referendum does not amend Article 41 of the Constitution and will do nothing to undermine the constitutional role of the family. What it will do is give constitutional standing to the interests of the child and allow a judge to consider them properly.

I am particularly glad to see the proposed amendment will see the right of the child to have their views heard enshrined in the Constitution. The views of the child will be given due weighting by a judge, alongside their best interests in cases of safety and welfare, adoption, guardianship and other areas.

I welcome the fact this amendment will allow for full and proper equality among children, regardless of their background. It provides that the rights and protections enjoyed by children are to be enjoyed by all children, irrespective of their parents' marital status. This will be particularly important in the area of adoption where, for example, the Supreme Court has found the Constitution as it stands puts barriers in the way of the adoption of children of married parents. This referendum, along with the Adoption (Amendment) Bill now published, will level that playing field.

The issue of equality is a core principle for all Members. This constitutional amendment will help further enshrine this commitment in the law on children. In this regard, I also commend the Minister for Education and Skills, Deputy Quinn, on his work in the Department of Education and Skills to create a proper level playing field in access to and quality of our children's education. I hope this will continue in budget 2013.

I look forward to taking to the doorsteps of Ballyfermot, Inchicore and beyond in support of this referendum. While the response to date has been most positive, my party colleagues and I will continue to work to ensure this most important referendum will be carried so the rights of the child can be fully and properly enshrined in our Constitution in perpetuity.

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