Cathal Berry (Kildare South, Independent) | Oireachtas source

From the outset, I commend Senator McDowell for introducing the amendments to the children's Act. I am also quite heartened by the fact these amendments enjoy cross-party support. That is a very good thing. As a member of the Regional Group, I am also very happy to lend my support to this initiative.

I am backing it for four reasons.

First, this is precisely how we should be doing business here in the Oireachtas with both Houses working collaboratively for the benefit of the people. Most importantly, it is about legislation from the formal Opposition being introduced, accepted and further strengthened by the Government, and then brought back before the House for further refinement and debate. That is an excellent model and I look forward to much more of this in the future. I am sure the Minister of State will agree that it would be great if every Bill was assessed on its merits alone rather than its source.

Second, every Member appreciates the importance of pre-legislative scrutiny to prevent any unintended consequences in legislation. The amendments before us emphasise the importance of post-legislative scrutiny. It is important, fitting and appropriate that Members track developments in the courts from a ruling point of view. Where there is need for tweaking and further refinement of legislation, we should not shy away from doing that. This Bill is a classic example of the importance of post-legislative scrutiny. It would be great if the Oireachtas could institutionalise a system whereby legislation would not only be subject to pre-legislative scrutiny but post-legislative scrutiny too.

Third, being in a democratic country, it is not only important that justice is done but that it also be seen to be done. The main thrust of this legislation is not really to identify the unfortunate and tragic minor but to allow for the identification of the perpetrator, whether they be charged or found guilty of a crime of such magnitude. The simple thrust of this legislation is not punishment but prevention. The emphasis is on deterrence not on retribution. Anything that this House can do to safeguard our children and those under 18 years of age, we should grab it with both hands. I believe this legislation will act as a deterrent while improving the safety and security of our children.

Fourth, and most importantly why I am supporting this legislation, it will allow the grieving parents to speak openly and publicly of their loss should they choose to do so. It gives them the right to speak, to elaborate on their victim impact statement and pay tribute to the life of their deceased child. It gives them the opportunity to say whatever it is they wish to say in public. To give them that opportunity is important. It is completely appropriate and reasonable that this prerogative rests with the grieving parents and that the opportunity is there should they choose to accept it.

I back fully these proposals. I very much look forward to these amendments being enacted as soon as is practically possible.

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