Paul Connaughton (Galway East, Fine Gael) | Oireachtas source

I thank the Ceann Comhairle for the opportunity to speak on this Bill.

Few Bills that go through the Oireachtas have the potential to have the impact of this Bill. Essentially, it elevates the rights of a significant section of the Irish population, those under 18, and seeks to give them stronger protection under the Constitution.

The only negative aspect of this Bill is that it took the revelation of unimaginable misery endured by Irish children over decades to prompt today's action. The scenes of this misery were myriad - homes throughout the country, industrial schools, churches, mainstream schools, sporting venues and many others. The past two decades have seen a spotlight shone into dark corners of Irish life, illuminating incredible neglect and abuse of children, including neglect on the part of the State, which handed over responsibility for the care of vulnerable children to church-run institutions and then failed to follow up on its responsibilities by properly monitoring those institutions.

Such neglect and abuse is not a thing of the past. We must keep to the fore in our minds that cases will always arise where children are being neglected or abused and it is absolutely necessary that all authorities are acutely aware of the signs and symptoms of such neglect or abuse, that proper safeguarding procedures are in place and that this is backed up by legislation which at all times places a premium on the safety of all Irish children.

Two cases in particular highlighted weaknesses in the current legislation and prompted the legislation - the Kilkenny incest case and the Roscommon abuse case. A report on the Kilkenny incest case of 1993 noted that the high emphasis placed on the rights of the family in the Constitution may be interpreted as giving a higher value to the rights of parents than to the rights of children. The Roscommon abuse case also provided an example of the inadequacies of the current legislative framework.

The 2010 report which followed this case investigated the circumstances surrounding the conviction of a mother for incest, neglect and ill treatment of her six children. An attempt had been made by the health authorities to take the children into care but that had been thwarted using the existing legislation, which gives primacy to the family over the State in terms of caring for children.

Last year the Government committed to holding a referendum to strengthen children's rights in the Constitution. I welcome the swift action that followed and the fact that this legislation is now before the Oireachtas. The law as it stands certainly requires changing and I welcome that the referendum will take place as this will result in a wider discussion on children's rights in our society and a greater awareness of the necessity of this Bill.

There are four elements to the Government's intent in bringing forward this Bill and all four are to be welcomed. The first is to give children their own rights within the Constitution and to give recognition to the views of the child and support enhanced child protection through the State's ability to respond proportionately to concerns. The second policy intent is to give children special protection under the Constitution, recognising their potential vulnerability and offering greater protection. The Bill also removes obstacles for married parents to place their children for adoption voluntarily. Another key element is the ending of the constitutional situation where children may be treated differently on the basis of their parent's marital status when it comes to issues such as adoption.

All of this is done while respecting and preserving the rights of the family as set out in the Constitution. Supporting families is key to the success of the legislation, in particular, providing appropriate responses where children are living in particularly vulnerable situations, up to and including situations where the circumstances require intensive long-term support, including out-of-home care for children at risk. This is a key element with regard to anything that happens from now on. Some people have suggested this amendment will give authorities an easy right to remove a child from its parents or family. This is off the wall.

I worked in this area for four years and during my time and in abuse cases I came across, the idea was never to split up the family, but to discover the issue and provide a programme, through the HSE, youth services or whatever, and try and find a resolution. The last thing any social worker or HSE staff ever wants to do is break up a family. However, there were cases where due to alcohol abuse in a family, the child's life was at risk. Such cases are exceptional, but that is where the State and Government should become involved to help protect the child. It is important to understand that where parents are struggling with parenthood, there are many programmes available, such as Incredible Years and Strengthening Families. All of these need to be used to help strengthen family units and to ensure children are brought up in a safe and happy environment.

Ireland signed up to many of the provisions of this Bill when it ratified the UN Convention on the Rights of the Child in 1992. Underlying provisions in the convention included the rights of the child to be heard and the non-discrimination principle. At all stages, this Bill seeks proportionality in terms of action and we must concede that in certain exceptional cases, it is necessary that the State as guardian of the common good, shall take action. A key provision of the Bill is the ability of the State to supply the place of parents in exceptional circumstances. The emphasis on "exceptional circumstances" is crucial here. While the new article omits the reasons for the failure in parental duty, it notes that the failure must be to an extent where the safety or welfare of any of the children is likely to be prejudicially affected.

The change to adoption law as proposed in the Bill is also very important. Under current Irish adoption law, the child of married parents cannot be voluntarily placed for adoption. Members on all sides of the House will agree that this is antiquated and needs to be changed to give a proper opportunity to children of married parents currently in foster care to be adopted. The situation as it currently stands deprives such children of a caring and loving family. It is also worth noting that the proposed legislation requires that before such an adoption takes place, consent must be informed and freely given and the children in question must have received counselling.

I urge Members on all sides of the House to do their utmost to ensure this Bill is properly communicated in their local communities and to ensure that the electorate fully appreciates the need for it and the provisions it contains when it comes to polling day. This Bill really will make a difference for some of the most vulnerable children in Irish society, both now and in the future.

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