Maurice Cummins (Fine Gael) | Oireachtas source

I welcome the opportunity to speak on the Bill. Since taking office, the Minister, Deputy Fitzgerald, has been working on the wording of the amendment. The work of the Joint Committee on the Constitutional Amendment on Children and the contributions of campaigners, organisations and professionals who work with children have been instrumental in reaching the point at which we are holding the referendum.

I commend the civil society groups which have been forceful in their support for the constitutional amendment on the rights of children. That support is crucial. I pay tribute to Members from all political parties and the Independent Members who have been united in their support for the amendment. It is not often that we achieve almost unanimous support across both Houses. This reflects the special nature of the referendum in enhancing the protection afforded by the Constitution to children. However, there would have been no progress on the referendum were it not driven by the Minister, Deputy Fitzgerald, and her colleagues. I commend her on the work she has done on the proposed wording of the amendment and in bringing together many elements of society to support the referendum.

The wording of the amendment has been carefully put together. In the past year the Minister and her staff have worked closely with the Office of the Attorney General to ensure that the amendment does not take away from any other right that is in the Constitution. This is an important point to make and one that we will need to continue making over the course of the referendum campaign.

People have talked about a need for a referendum for nearly 20 years and since the time of the report of the Kilkenny incest case which contained such a recommendation. It is this Minister and the Government that have delivered on the recommendation and generated support from a broad cross-section of society. Our challenge now, as supporters of the referendum, is to ensure that the electorate is well informed and motivated to vote. Nothing could be more dangerous than complacency. While I know the Minister will not be complacent even for a minute between now and Saturday, 10 November, I urge all Senators to actively support the referendum by encouraging people to come out and vote "Yes" on polling day.

The Minister has outlined a number of key objectives in the proposed constitutional amendment, including the protection of children and a focus on the best interest principle. I wish to make a few observations on the amendment. It changes the focus of the Constitution away from the reasons for parental failureto the impact on the child when parents fall short in their responsibilities. There is a clear onus on the State to support families in difficulties in order to protect children. We all know that children are better off with their parents and nothing in the amendment seeks to change that. The threshold for intervention in families is unchanged and remains that "in exceptional cases" the State can "supply the place of the parents". The language is already in the Constitution but the difference is that the Constitution will now focus on the needs of children and the impact on children due to parental failure rather than the reasons for such failure. This is a forward looking and enlightened approach by the Minister and I commend her for achieving a balance.

The concept of best interest is already well known and illustrated in Irish law. It was a core element of the Guardianship of Infants Act 1964, the Child Care Act 1991 and the Adoption Act 2010. It is a well defined principle but is now being given constitutional backing.

The amendment will provide for the removal of inequalities in adoption. More than anything else people are shocked to hear that children are treated differently in law depending on whether their parents are married. The amendment does not make changes to how we understand the idea of family in the Constitution but the constitutional convention may consider the matter at another time. The amendment is based on the child?s interest and the child?s perspective. A child in need of adoption who has been abandoned by his or her parents has no reason to be concerned about whether his or her parents were married or not. What he or she needs is a stable and loving home and the amendment may provide such a possibility.

For the first time, the amendment will provide the recognition of children in their own right. In time this may be the most significant element of the amendment, both in practical and cultural terms. Some may ask why we need to single out one group for additional protection in the Constitution and why children need more explicit protection. The answer is simply because of their inherent vulnerability by virtue of their age. Children need to be protected by their parents but when their parents cannot do so then by another family through the intervention of the State. It is important to remember that children at risk receive family care through the foster care system. With regard to family care through the foster care system, children at risk are not put into institutions for long periods. They are placed in families and have the ambience and protection of a family. Like all other children they are brought up within families and it is important to acknowledge that. We must also acknowledge the great work that is done by the many families who foster children and the State agencies that monitor their care when they are placed in such families.

The voice of the child will now be heard as circumscribed in the new Article 42A.4.2°. This is important notwithstanding the fact that in family law proceedings the voice of the child could be heard. Again, the provision will now be part of the Constitution giving it additional weight in legal proceedings.

The Government and political parties will conduct a strong information campaign calling for a "Yes" vote. I ask Members to inform people about the new website childrensreferendum.iereferred to by the Minister where all of the information on the referendum can be found. I commend the excellent information campaign co-ordinated by the leading child protection groups in society, Barnardos, the ISPCC and the Children's Rights Alliance. I also acknowledge and welcome the support for the referendum from Archbishop Diarmuid Martin whose comments were well founded and balanced. I ask every Senator to actively promote the referendum. The people should send a strong message to the Judiciary and every person working with children that there will be a new culture when it comes to the protection of children. The people can do so by voting in large numbers and overwhelmingly in favour of the amendment.