Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I congratulate the Minister for Children and Youth Affairs once again for bringing this Bill before the House and her continued efforts to fulfil the programme for Government. Much praise has been given to the Minister over the past several days. I hope the praise I give now does not sound so hollow. I must commend the way the Minister has gone about her business diligently and has presented this long-awaited legislation in such a short time.

For over 80 years, Bunreacht na hÉireann has defined this country. It identifies us as a sovereign, independent, democratic State, one which at both a local and national government level gives expression to the declared wishes of its people. It gives a voice to the people and now, through the implementation of this amendment, a voice to its children. For some time now, I have respected the dedicated work of Supreme Court Judge and former member of Seanad Éireann, Mrs. Catherine McGuinness, and what she has contributed to the children's rights campaigns. She first called for constitutional change to children's rights in 1993 during the Kilkenny incest inquiry. Like her, I share the sentiments this Bill will be good for our children's future and improve the legal rights of children with married and unmarried parents.

This referendum allows us the opportunity to create fundamental change in how we treat children. It provides for all children but, in particular, for the protection of the most vulnerable and those most at risk. The Minister stated earlier how the choice of words is extremely important. The words used, “exceptional" and “proportionate" in this amendment are clear, robust and to be welcomed.

While thousands of families never need the aid or intervention of our child protection or welfare services, there are many which do. The family is the most important unit of society and plays a critical role in children's development. For a family to succeed, it does not necessarily need to be a nuclear family. What really matters is how families are supported in their efforts to protect and nourish their children. That is why I must commend the Minister on the proposed wording of this amendment in recognising that parents are the most important carers in their children's lives, as well as ensuring the referendum will endorse the State's continuing efforts in early intervention and family support services to protect children in their homes from abuse and neglect. It will also ensure all children are treated equally under adoption legislation, irrespective of the marital status of their parents.

We live in a country which prides itself on the dignified way it looks after its people. However, this can be challenged if we are to look at the 17 reports published over the past several years such as the Cloyne report, the Roscommon incest report, the Ryan report and the Kilkenny incest case. All detailed the failures of the State and the heinous way the welfare of children and adolescents was placed in the hands of unscrupulous, and I would go so far as to say evil, perpetrators who abused positions of power in our State institutions and church-run organisations.

The Constitution in its present format is somewhat antiquated. Society has progressed and Ireland no longer shuns its young people. Most of us remember the old sayings such as, "Spare the rod and spoil the child" and "Children should be seen and not heard." We have come a long way from this kind of archaic and coarse mentality. Through this amendment, we will give a voice to our children and give a second chance of happiness to children who have been failed previously. We all deserve a second chance.

It is indeed fitting this week marks the twentieth anniversary of Ireland's ratification of the United Nations Convention on the Rights of the Child. By ratifying this agreement, the State committed itself to promote, protect and fulfil the rights of children as outlined in the convention's articles. What we aim to achieve with the thirty-first amendment of the Constitution is reflective of our agreement with the UN to propel the rights of children and family.

It is critically important everyone who has a right to vote exercises that right in the forthcoming referendum to aid the future protection and maintenance of children's rights. I thank the Minister for holding the referendum on a Saturday which will make best use of time. I also thank her for her recent announcement to establish an agency, following the upcoming referendum, for children and families which will bring child and family welfare under a single dedicated body. This will vastly improve matters and bring clarity to this area, perhaps as a one-stop shop for the needs of children. I look forward to the upcoming campaign.

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