Seanad debates

Tuesday, 2 October 2012

Thirty-First Amendment of the Constitution (Children) Bill 2012: Second Stage

 

5:35 pm

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

I will do my best.

I also note that the majority of children who come into care are outside of the court orders of the Child Care Act 1991 as they are in care on a voluntary arrangement. In addition, I worry that homeless children will not be covered by this constitutional provision if they are being provided with accommodation under section 5 of the Child Care Act 1991. I would ask the Minister to commit to bringing legislation covering these categories of children into line with the principles outlined in this constitutional amendment.

Tomorrow, I will also raise with the Minister the forthcoming mediation Bill brought forward by the Minister for Justice and Equality, Deputy Shatter. I am trying to move to the end of what I need to say. I have so much to say on this issue.

I also welcome the provision about listening to children about forming their opinions. International standards and guidelines recognise the importance of engaging with and listening to children in order to fully guarantee their right to participate in court processes. I welcome the wording the Minister has used.

Let me end with a question that I have been constantly asked since the wording was published, namely, whether this will make a positive difference. My answer is an unequivocal, "Yes". Reforming the Constitution is a fundamental step towards making Ireland the best place in the world to be a child. A constitutional amendment is only one step, albeit a critical one.

As part of my current and previous role, I have met many survivors of abuse who have shared their experiences, hurt and nightmares. In every case, these individuals of such integrity have encouraged me to advocate strongly to strengthen children's rights in the Constitution and, in part, I see this amendment as a way of atoning for our past while ensuring the children of today will be better protected and cherished.

Anyone who knows me knows that I am pragmatic person who is working to bring about positive change to people's lives. I try not to get caught up in the theory but prefer to focus on areas that will make a difference.

If the people say "Yes" on 10 November, our work will only be just beginning and I hope that I have outlined some of the challenges lying ahead to the Minister today. The wording is tight and well drafted. The clear message to the people is that this is setting us in a new direction. It is not a minimum but more of a starting point. I thank the Minister wholeheartedly for all of her work and commitment to date. We have already seen some of the fruits of her work.

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