Dáil debates

Wednesday, 31 March 2021

Children (Amendment) Bill 2020 [Seanad]: Second Stage (Resumed)

 

5:15 pm

Photo of Cathal CroweCathal Crowe (Clare, Fianna Fail) | Oireachtas source

This legislation is important and timely. My colleague, Deputy Jim O'Callaghan, has been to the fore in advancing this over the past several months. My colleague, the Minister of State, Deputy Browne, from Wexford is doing a fantastic job in the Department in progressing this legislation.

The renowned British graffiti artist, Banksy, has often said that one dies twice. The first time is when one stops breathing, loses body functions and one's body shuts down. The second time somebody dies is when one's name is no longer mentioned. That is just the reality in the normal course of life. That happens for many people in old age. They are remembered, there is a funeral and a celebration of their life. The normal rituals that our country has had for centuries come into play with the person remembered. Many years pass and eventually they are forgotten about. They become a gravestone in a graveyard, held in the memory of some family.

For many young people killed in a homicide, however, that right has been short-circuited. The moment they die there is a media blackout on naming them. The minute their case gets into the court system they become totally anonymous. They are victims of a crime and are not around any more to tell their story. Just as Banksy famously said, they have died twice because their name is no longer mentioned, they become invisible and anonymous victims.

Fianna Fáil welcomes this legislation which deals with an anomaly in the Children Act 2001. The legislation arises from the need to address the Court of Appeal ruling which has prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed. It has also prevented the naming of the person accused or convicted of the manslaughter or murder of a child. The Bill permits the identification of persons accused and convicted of homicide offences against children. Why should there be any protection for them?

We need to ensure the legislation is expedited and we change the law promptly because it is unfair to the memory of children who have been killed. It is also unfair that identified flaws in the 2001 legislation would prevail. I cannot imagine there being any opposition to this legislation. While there might be several positive amendments, by and large, the key tenets and backbone of this legislation are positive. It gives a voice to young people who have been voiceless. It allows families to move through the stages of grieving these lost lives and to be able, once more in the public domain, to name the child or teenager who has lost his or her life. It will remove that veil of anonymity which should never have been there.

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