Aideen Hayden (Labour)

Like the previous speakers, I was shocked, appalled and horrified by the contents of the Cloyne report. It has already been said many times that Cloyne is different because it did not happen 20 or 30 years ago, it happened yesterday or the day before when child protection plans were in place. Therefore, we must look upon it in a different way to some extent than we look upon some of the other more historical reports of what happened in Ireland of long ago.

If the Vatican is shown to have encouraged disregard of the rules, then the State's response should go beyond any token gestures and should pursue the Vatican for liability. Bishop Magee should not be allowed to divest himself of any responsibility, escaping to America where he is hidden in some location unknown. The church cannot and must not be allowed to escape liability where liability can be established. Nor can the church avoid its obligations to guarantee the State and the children of Ireland that all of those currently in its care are given the concern and care they deserve.

The Vatican acts as a church when it suits and as a state when it is more convenient. I welcome the actions of our Taoiseach and our Tánaiste. Ireland needs to clarify and renegotiate its relationship with the Vatican as a state and the seat of the Catholic Church and this must and should be based on mutual respect, a respect that is not evident in the evidence of the Cloyne report.

In regard to an oft-quoted matter in the media in recent days, the confessional has been cited as a special tenet of the Catholic religion, however, there is a tension between the secrecy of the confessional and the culture of openness that is required to protect children. A higher bar of care is required from any organisation that requests or requires the State to give it a special status. There can never be absolute privilege where the welfare of children is at stake.

As has been alluded to by other Senators, the State itself has a responsibility. This is not an issue that has been specific to the Catholic Church or the Protestant Church, it extends into institutional care and even as far as swimming clubs. We must take responsibility upon ourselves as a society. The major defect in this report is that it is evidence that the voices of children do not count in Irish society in the way in which they should. All of those children were members of families and attended schools and yet their voices were not heard.

The Constitution does not provide the protection it should for children. Ireland and its Constitution need to be reformed in favour of a human rights approach. Rights should not be based on economic precepts but on civil and political rights and must protect the poor and vulnerable in our society.

I call for four things to be done. The first is for the National Board for Safeguarding Children in the Catholic Church to complete its audit of every diocese in Ireland. I also call for the Bethany Home survivors to be included in the Magdalene laundries inquiry. We can never go forward unless we draw an appropriate line under the past. I welcome the commitment to put the Children First National Guidance Document on a statutory basis with civil and criminal sanctions for those who fail to comply. I welcome the launch today of Listen to Our Voices, an essential part of ensuring the safety of children in the care of the State. If we are ever to protect children, we must commit ourselves to truly hearing their voices.