Seanad debates

Tuesday, 7 June 2011

Fourth Report of the Special Rapporteur on Child Protection: Statements

 

3:00 am

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I offer my sincere congratulations to the Leas-Chathaoirleach on his unanimous election last week. Senator Denis O'Donovan will be excellent in his capacity as Leas-Chathaoirleach, as he was in his capacity as Deputy and spokesperson in the Seanad. I welcome the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald. I commend the Government and the Taoiseach for deciding to assign an entire Ministry to children. I am delighted the Department was established on a statutory basis last week. This will allow the Minister to proceed with great speed. I know she will from her work as Leader of the Opposition in Seanad Éireann for four years. She made a marvellous contribution to the Order of Business and on every issue that arose. It was a wise decision by the Taoiseach to appoint Deputy Fitzgerald as Minister. Based on her background and capability, no one is better equipped to do this job. I wish her every success.

I commend the fourth report of the special rapporteur on child protection. The report was submitted to the Oireachtas and I got a copy of it in the Oireachtas Library. Everyone is impressed by his great work. The recommendations are worthwhile. I will not go through them again as the Minister has comprehensively addressed the issues affecting children. I am particularly impressed by the recommendation regarding the age of 18, at which point the HSE takes no further responsibility for children. This cut-off point can give rise to homelessness, which is serious at that age. It is a very young age to be left on one's own if the child has no family. It is worth examining this situation because even in straitened times we must give priority to children. I commend the report.

I want to broaden the issue slightly to include the date for a referendum on children's rights. I hope the Minister will respond to this debate. She might give her views on the expected date for the referendum. Some have made the case for having it on the date of the Presidential election. In terms of cost, this would be worthwhile. It may take place in combination with other issues the Government wants to bring forward on a different date but it should happen as quickly as possible. The Minister was a member of the Joint Committee on Children and the Constitution, chaired by former the Minister and Deputy, Mary O'Rourke. The Minister played an important role on that committee. After involvement with that committee, it gives me great satisfaction that the Minister will bring forward the Bill and the referendum. The wording is difficult and I refer the Minister to the report of the Ombudsman for Children in this regard. The Ombudsman for Children has views on the wording and the Minister will take into account her recommendation. I welcome the publication of the annual report last week. I attended the launch. I commend the Ombudsman for her work. The Ombudsman for Children was established under a Fianna Fáil-led Government. We must take credit for such issues. Sometimes, what was achieved during the term of the previous Government is written out of history. The establishment of the Ombudsman for Children was very positive. Ms Logan is an excellent Ombudsman. This is vitally important. I expressed concern about the general cutbacks but, in fairness to the Ombudsman, she is coping well with her budgetary allocation. Her staff are extremely efficient and effective and are working that much harder. I commend the Minister on the fact that the strategy of the Ombudsman, covering 2011-16, will be followed by the Department.

The Minister will also discuss the report of the UN committee concerning the Magdalene laundries. This is an area of grave concern to all of us. Mr. Shannon could extend his remit to consider this issue and make recommendations to the Government in this regard. An inquiry can be held under the Tribunals of Inquiry Bill. This Bill was introduced by the then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, and collapsed when the last Government was in power. I understand the Government has put it on the Order Paper for Dáil Éireann for Committee and Report Stages. If the Bill is passed it would be a vehicle for the United Nations recommendations relating to the Magdalene laundries; in essence, there would be an opportunity to conduct an inquiry into what happened during that awful period in these institutions. Those places were privately managed but to my mind they were the responsibility of the State.

Former Taoiseach and Deputy Bertie Ahern apologised to children abused in other institutions but this did not seem to extend to young people taken into the care of the Magdalene laundries. There was a group established to campaign in that regard, and people such as former Deputies Tom Kitt and Michael Kennedy were also involved. This should be an all-party agreement and politics should not be involved. This is not about one political party because all the parties were in government during the period up to 1996 when the Magdalene laundries were in operation. We have nothing to fear but fear itself in that regard, and we should not fear the truth.

I am not an expert on the topic and people have not come to me about this in my time since 1977 as a Member of the Oireachtas. To my knowledge there was no Magdalene laundry in Roscommon or south Leitrim, although there may have been. I know there was one in Athlone. The people who were sent or brought there deserve to have allegations heard. Unfortunately, many people who were in the Magdalene laundries have died.

I will table a motion on the Adjournment tomorrow night on the matter. The Minister, Deputy Shatter, outlined a view in 2009 on where he stands in this regard. He is looking forward with hope. In views aired on 17 September 2009, he was very clear in the House when he indicated that the State colluded in sending young women to what were then known as Magdalene asylums. The Minister - a Deputy at the time - was quite clear in arguing for some form of inquiry and redress, and he indicated his wish that the redress board be extended to cope in that regard.

I reiterate my support for the report from Mr. Shannon, who carried out significant work in the process. He has given great support to young people and has been very supportive in the proposals made. I am very pleased with the Minister's very positive response to the many issues raised in his recommendations, which will be implemented. I confirm my belief that the referendum should be held sooner rather than later, and there should be all-party agreement on the action to be taken on the United Nations recommendations on the Magdalene laundries.

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