Mary White (Fianna Fail)

I welcome the Minister of State and compliment him for the fine speech he made this afternoon on this most important issue.

On 16 February, the Joint Committee on the Constitutional Amendment on Children issued its final report. The discussions of the joint committee took place against the backdrop of the numerous reports that have highlighted the lack of constitutional provision for children's rights. As the Minister of State noted, Dr. Ursula Kilkelly, the family law expert, writing in The Irish Times, stated that Ireland has come late to children's rights. It is hard to argue with that assertion when we consider the need for a constitutional change with regard to children was first voiced by Mrs. Justice Catherine McGuinness almost 20 years ago in her capacity as chairman of the Kilkenny incest inquiry. In writing the report into the Kilkenny incest case, Mrs. Justice McGuinness stated that the high emphasis on the rights of the family in the Constitution may consciously or unconsciously be interpreted as giving higher value to the rights of parents than the rights of children.

In the past, the absence of a constitutional provision to ensure that decisions about children take into account their interests led too often to their rights being ignored. To address this problem it is vital we pursue the opportunity to introduce the necessary constitutional reform.

The Constitution contains two pivotal provisions concerning children. The first of these, Article 41, recognises the family as the natural, primary and fundamental unit group of society. This provision is untouched by the recommendations contained in the joint committee's report. The proposed constitutional amendment relates to the second provision to which I refer, namely, Article 42. Under the new Article 42.1.2o, the State recognises the rights of all children and undertakes as far as practicable to protect and vindicate their rights. The provision proposes to incorporate as a constitutional principle the right of children to have their welfare regarded as a primary consideration. This provision is strengthened by Article 42.1.3o which states the welfare and best interests of the child must be the first and paramount consideration in the resolution of all disputes concerning the guardianship, adoption, custody, care or upbringing of a child. The proposals express the State's duty to recognise and vindicate the rights of all children as individuals. These rights include the right of the child to care and protection and education. They also include a child's right, having regard to his or her age and maturity, to have his or her voice heard in any proceedings affecting him or her.

The final provision of note is the replacement of Article 42.5. The proposal in this regard suggests that the wording will emphasise the need for the State to support parents who have difficulties in fulfilling their duties towards their children. The Minister of State put it so succinctly when he indicated:

However, not all families and parents discharge their responsibilities to children in a proper fashion. Because of external factors, some parents cannot nurture and care for a child in a manner that satisfies the child's requirements. I believe that the increase in the number of children taken into care last year owed more to increased awareness of child protection generally and an increase in babies born to mothers addicted to drugs/alcohol in some areas than a decline in family income.

Any intervention in the family must be proportionate, provided for by law, and ensure equal treatment of all children regardless of their parents' marital status.

These proposals reflect a new approach to the treatment of children and a rebalancing of the responsibility of the State and parents. The recognition of the voice of children and of their rights as individuals is necessary to ensure that Ireland meets its obligations under the UN Convention on the Rights of the Child. These proposals represent a bold step forward in our commitment to enshrining the rights of children in Irish law. They have received widespread support from those who work with children.

In my opinion, the reform of the Constitution would be the greatest memorial to the tens of thousands of children who were abused while in the care of the State and whose stories were so succinctly outlined in the Ryan and Murphy reports. I wish the Minister of State well with regard to the reform of the Constitution.