Dáil debates

Thursday, 27 September 2012

An Bille um an Aonú Leasú is Tríocha ar an mBunreacht (Leanaí) 2012: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee and Remaining Stages

 

6:30 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank my colleague, Deputy Caoimhghín Ó Caoláin, for informing me of the position on closing remarks. I am on a learning curve as this is the first time I have dealt with legislation of this nature as an Opposition spokesperson.

Having been present in the Chamber for 90% of the contributions made in the past three days, I found it interesting to listen to the different views of Deputies from across the political divide. There is no doubt that Deputies are fully committed to ensuring the referendum is passed. This is welcome because the proposals relate to an extremely important issue. We are enshrining children's rights in the Constitution, Bunreacht na hÉireann, and from that perspective, it is welcome to note such unanimous support for the proposal. I hope all those Deputies who stated they would knock on doors and explain in detail to people the reasons we need to pass the referendum were not engaging in rhetoric. It is important that we inform the electorate of the benefits of supporting the referendum and educate them as to the importance of securing a "Yes" vote. I do not know how the national broadcaster will handle the referendum and in that respect Deputies must use their positions in their respective communities to ensure people fully understand what will be the effects of the referendum. As I indicated when I spoke in the House on Tuesday night, the referendum does not offer a panacea and will not fix everything. It is, however, a move in the right direction.

I acknowledge again the commitment shown by the Minister and the hard work done by the all-party committee established in 2007 to address this issue. Many speakers referred to the numerous meetings held on the proposed constitutional amendment, many of which were held out of the glare of the media in committee where more productive work can sometimes be done. Great efforts were made to achieve consensus on the referendum and it is, therefore, right and proper to acknowledge the work done by current and former Members. The House will have an opportunity to debate the enabling provisions and the legislation that will emerge if and when the referendum is passed. I look forward to participating in such debates.

One of the critical elements of this referendum concerns the provisions for adoption. Again, I welcome the publication of the adoption legislation in conjunction with the referendum, as it is very important.

However, I was somewhat disappointed the Minister did not address some of my serious concerns about issues surrounding the provision of resources. It is critically important the Minister outlines to the House, provision by provision, how the referendum will affect the various strands of resources for child protection. Legislation in this area has been enhanced down through the years but, unfortunately, failings by the State, families and religious orders have still occurred. Legislation alone will not ensure we have a robust child welfare and protection system; resources are needed too.

I was disappointed with the wording “Provision shall be made by law that in the resolution of all proceedings brought by the State…”. My colleague, Deputy Ó Caoláin, tabled an amendment on this. I believe this wording is too narrow and would have hoped for some scope in this area to allow for genuine concerns to be brought by people other than the State. The State has failed children heretofore, so there are instances where it might be necessary for somebody other than the State to bring forward proceedings. This is not the end of the debate on legislation in this area. We will have an opportunity to examine this area in time to make advances and improvements in the provisions, however. This is a welcome start to reforming the law in this area.

I look forward to working with every Member in educating the electorate to ensure they know what this referendum is about. As it happens, in two hours I will address a public meeting in County Meath on the referendum. I will take my responsibility as a party spokesperson seriously in this regard. As I said the other evening, all we want to do is ensure every child has their entitlement of a loving and meaningful childhood.

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