Fiach MacConghail (Independent) | Oireachtas source

Cuirim fáilte roimh an Aire thar n-ais go dtí an Seanad. Tréaslaím leí go mór as ucht An Bille um an Aonú Leasú is Tríocha ar an mBunreacht (Leanaí) a chur faoi bhráid an Tí tráthnóna. Is maith go mór ar deireadh agus go beacht go mbeidh leanaí agus a gcearta á aithint as a gceart fhéin sa Bhunreacht. Is iontach an rud é go dtabharfar cosaint speisialta anois do leanaí le foráileacha tiomnaithe i mBunreacht na hÉireann, ag féachaint dá n-óige agus don so-ghontacht a d'fhéadfadh a bheith ag baint leo, go háirithe nuair a chuimhníonn muid siar ar fhorógra Éirí na Cásca agus an gheallúint a tugadh beart agus aire cuí agus cineálta a thabhairt do leanaí. Tá 96 bliain caite, ach ar deireadh tá sprioc na físe bainte amach againn, a bhuíochas sin don Aire agus don Rialtas.

It is 96 years since the Proclamation of the provisional Government of the Irish Republic promised equal rights and opportunities for all its citizens and declared its resolve to pursue the happiness and prosperity of the whole nation in all of its parts, cherishing all the children of the nation equally. I congratulate the Government on making the psychological link between with spirit and vision of the Proclamation in introducing the Thirty-First Amendment of the Constitution (Children) Bill in this House. I know the Bill is the culmination of well over five years of formal deliberations. Now, after several generations of debate, we are finally and profoundly about to put to our fellow citizens the amendment to enshrine the rights of children in the Constitution. I will not go into the chronological detail outlined by my colleague, Senator Jillian van Turnhout, but I acknowledge the role of civic society in bringing us to this point of historic importance. We have had a litany and list of failures and crimes against children before and since the voice of Judge Catherine McGuinness was heard in 1993 about the Kilkenny incest case.

The amendment will not help to resolve the issues involved in the cries of the past, but it can, with proper resources and training, impact positively on the happiness of children in the future. It is welcome that the text of the amendment reflects the language of the United Nations Convention on the Rights of the Child. Whatever about the important legislative provision of inviting the voice of children to be heard under the Constitution, the significant cultural change it will bring will be promoted across all sectors of society and have an immense effect. The thought process for us, as legislators and citizens, will in a short time mean that we will have to filter our aims and objectives through the lens of children. Article 42A.1 will offer us support in doing so. This is an important philosophical consequence of placing the rights of children in the Constitution and is a challenge worth pursuing.

I note that the Ombudsman for Children has also congratulated the Minister on bringing forward the amendment. She has said the Bill represents a significant and positive step forward for children and the provision of facilities in Ireland. The proposed Article 42A.1 makes explicit what has been implicit in the Constitution heretofore, which must be acknowledged. I note also that the proposed amendment sets out a series of provisions for or challenges to the Oireachtas. This is explicit in Articles 42A.2.2o, 42A.3, 42A.4.1o and 42A.4.2o. Therefore, a series of legislative measures must be introduced to support the constitutional amendment if it is passed as I hope it will be by the people in the referendum. I urge the Minister to introduce some of this legislation in the Seanad as quickly as possible in order that we can help and support the implementation of the amendment.

The amendment is a key starting point in addressing the gaps in the protection of children, but it cannot address all of the issues involved. A comprehensive children's Bill should be introduced as soon as possible after the referendum is passed to close the remaining gaps in children's rights. Senator Jillian van Turnhout has mentioned the right to identity, but there is also a need to specify, as in Article 42A.4, the meaning of "the best interests" of the child and how this provision should operate in practice.

Fáiltím roimh an leasú ar an mBunreacht agus tá súil agam go n-aontóidh an Seanad ina iomlán leis.