Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move amendment No. 6:

In page 13, between lines 10 and 11, to insert the following:“(6) In the performance of its functions, the Agency shall have regard to the principles of equality and non-discrimination.”.

The amendment proposes to insert a new subsection in the section setting out the functions of the new agency. The principles of equality and non-discrimination must be central to the agency's function and responsibilities. We must bear in mind that we have seen, not only in times long past but very recently, some of the most worrisome examples of questionable practice where inequality and discrimination may well have been practised. That is unacceptable. All children must be treated equally and it is essential that the principle of equality applies, not only to those who were born on the island of Ireland, whether of the indigenous population or newcomers who have settled here in recent years, but also those who are now among our communities across the length and breadth of the country. It must also apply to the children of the Traveller community who have not always experienced equality and know a little about discrimination.

It must also apply to children in the family situations that apply across Irish society today, and to which we have already referred in some measure. It must also apply to young people who may be of lesbian, gay, bisexual or transgender make-up. Irrespective of their domicile geographically, their make-up as individuals, their background, their disposition, their sexuality, children must all be treated the same and there is ample evidence that such has not always been the case. This legislation needs to state absolutely and explicitly that equality and non-discrimination must be cornerstones of the new agency's remit.

There can be no question of the colour of the hair or the eyes of a child being a factor in whether he or she can be brought into State care or not. There are many questions about recent actions taken and we hope that those answers will soon be forthcoming following on the inquiry being undertaken by the Ombudsman for Children, Ms Emily Logan. I only cite those two experiences of the recent past, but there are so many. This new agency must put a marker down for a new reality in the State's relationship with children across the board and we must state firmly and absolutely that every child is treated equally, is respected fully and is provided for in a non-discriminatory way for all his or her needs in preparation for adult life.

See this speech in context