Caít Keane (Fine Gael) | Oireachtas source

I welcome the Minister and commend her for bringing this important legislation before us. The Bill and the establishment of the Department of Children and Youth Affairs show how serious the Government is on this issue. I, too, acknowledge, what was done previously. The Minister acknowledged the work done by the late Brian Lenihan and Mrs. Mary O'Rourke who had responsibilities in this area. In 1997, as a teacher, I represented the St. Nicholas Montessori Society on the expert working group on child care. I never particularly liked the title given to the group as nobody is ever an expert on this subject. That group did some work in this area, mainly on the issue of child care, but it also looked at the issue of the rights of the child. I commend the Minister for bringing forward the Bill which demonstrates the priority she has given to children. This issue has taken over her life since she became Minister.

I commend the various groups and non-governmental organisations which have expressed their support for the amendment. They, too, deserve much credit for advocating for the rights of children, as they have done for many years.

I acknowledge all of the groups mentioned by Senator Jillian van Turnhout, whose particular role I also acknowledge.

There has been much debate and discussion on, and the recognition of, what is happening in this state. The Minister has given a voice to the phrase that we should cherish all the children of the nation equally. Cherishing and giving them a voice in the Constitution shows their centrality and the importance the Minister has placed on them. We have passed legislation dealing with A, B, C and D, but giving a voice to children in the Constitution shows how important this issue is to our society, the Minister and us.

There have been 17 reports since Mrs. Justice Catherine McGuinness's report on the Kilkenny incest case. Several Senators have spoken about various appalling cases and the manner in which children have been treated, although I will not go into that debate today as we are talking about the constitutional amendment which, if agreed to by the people, will bring about a change in how children will be treated in the future. It will be a case of building a system of protection to give every child in the State, particularly vulnerable children, the opportunity to have a nurturing and secure childhood. This goes to the core of the value we place on nurturing children in our society. It is about changing attitudes, which is so important. Many of us were brought up with the idea that children should be seen and not heard. We can put whatever legislation we like in place, but if we do not change attitudes to how children are treated, it will be of no benefit. The child is the important person; his or her voice is more important than that of the adult. The amendment will have weight and enshrine in the Constitution a vision of children as citizens who are recognised as having entitlements and rights. This will I hope be vindicated by its insertion into the Constitution.

I hope the debate will not be distracted by what is not contained in the proposed wording. The role of the family is still central and Article 41 is not being detracted from, as the Minister has stated loud and clear. I also hope the debate will not be one in which the State is placed against the family unit. Again, the Minister has explained very clearly that this is not the case and that Article 41 is not being detracted from. The amendment to the Constitution does not aim to achieve the supremacy of one ideal over another, rather it seeks to place the protection of the child at the centre of decision making and support families, which is what everybody wants. There is a continuation of the recognition that in the vast majority of instances the best place for children is with their parents, as the Minister has stated on many occasions. The Bill will not change that value. However, in a small minority of cases there are dangers to the safety and welfare of children, as many reports have testified. The amendment will provide the State with the authority to intervene in such cases in clearly defined circumstances. However, there will be safeguards, balance and proportionality in any measure undertaken, as the Minister outlined. The norm for the vast majority of children in the State is a positive, happy childhood. Unfortunately, however, some are at risk of being abused and the best interests of their welfare are not being met. It is for these children that we want to ensure protection. It is very important that the specific rights of the child be enshrined in the Constitution in order that in the very small number of exceptional cases the State will be allowed to intervene with the protection of the Constitution. There has been much debate about children being abused or at risk in families and the intention is to ensure intervention will happen early. The Minister has spoken on many occasions about the positive aspects of early intervention and outlined the supports given to families, as well as the details of the programme she is developing in regard to the Child and Family Support Agency. I commend her for her efforts in this regard.

On the issue of foster parents, Senator Imelda Henry gave a very good example of the need for adoption and the changes being made in that regard. The wider issues such as information on identity will be dealt with in other legislation, not in this Bill. I know that the Minister is dealing with proposed wording which will allow the Oireachtas to debate and pass a new adoption Bill. In this regard, I commend her for the publication of the draft Adoption (Amendment) Bill 2012 in tandem with the referendum proposal. This will afford citizens clear perspectives on the constitutional and legislative reforms that will I hope flow from a ?Yes? vote on 10 November.

In mentioning that date, I commend all those who lobbied to have the vote held on a Saturday, me included but particularly the youth. I commend Young Fine Gael which kept the issue on the boil in the party to ensure the vote happened on a Saturday and I thank the Minister for listening to its voice.

Senator Jillian van Turnhout and another Senator mentioned the UN Convention on the Rights of the Child which was adopted in Ireland in 1992. The Irish Human Rights Commission stated it would be important that the convention be used as the basis for defining rights. I do not know if this would be too prescriptible, given that we are considering the imprescriptible rights of the child, and would like to hear further views on this point on Committee Stage. Representations have been made by the Irish Human Rights Commission on the issue.

This is a very important day. I commend the Minister for bringing the Bill to the House. I want to ensure we keep focused on the amendment and the clarity of the wording to be put to the people. We need to keep focused on the issues involved, rather than bringing every issue under the sun into the debate on the amendment. I also commend Archbishop Martin who came out yesterday in support of the amendment.