Paschal Mooney (Fianna Fail) | Oireachtas source

Although it is probably inevitable, my party regrets the note of partisanship that crept into the speech by the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, in introducing the text of the referendum on children's rights when she talked about neglect in the past 20 years. It seems the benchmark in this regard is the statement by the former Supreme Court judge, Mrs. Justice Catherine McGuinness. As an historical footnote, it is my understanding that at the time the latter made her remarks, the Children Act 2001 had not yet been implemented. The reality is that a large body of legislation was introduced by both the rainbow coalition Government and by successive Fianna Fáil Administrations in the past two decades.

In fact, four significant Bills were introduced which have gone an extraordinarily long way to protect children's rights. What is at issue in this particular referendum, which we will have an opportunity to debate, is specifically the question of adoption as well as the right of hearing in court. There is already a significant body of legislation in this regard.

I pay tribute to former Ministers with responsibility for children. Fianna Fáil introduced the concept of a children's Minister. Deputy Brendan Smith had responsibility for it in the early 2000s while the late Brian Lenihan was the first dedicated children's Minister. He initiated much of what we are debating today and was followed by Barry Andrews. As my colleague, Senator Leyden, who is our party spokesperson on this issue in the Seanad, said earlier the wording of the referendum with slight alterations was ready to go to Cabinet in January 2011.

While I welcome today's announcement about a children's rights referendum, it was churlish of the Minister's speechwriter – I do not believe it is her style – to be tempted into having a go at previous Fianna Fáil Administrations incorrectly and erroneously.

I am amazed at the deafening silence from the Government benches concerning the decisions taken by local authorities across the country to deny the right of those who want to send their children to university to access grants from local authorities if they have not paid the household charge. Earlier, Senator McAleese referred to the effectiveness of this Chamber and spoke in positive terms about parliamentary democracy. Parliamentary democracy means the consent of the people must be there whenever legislation is passed. It is plainly evident that almost 40% of the people in this republic have withdrawn their consent to the payment of the household charge. It is incumbent on the Minister to clarify to the House what is going on with local authorities in this regard. The local authorities themselves have been put to the pin of their collars by the threat to withdraw moneys for essential front line services. Everyone on both sides of the House, particularly those who have served at local authority level-----