Denis O'Donovan (Fianna Fail) | Oireachtas source

I support the Bill and welcome the Minister to the House. She took a keen interest in this issue during her time in the Seanad and I wish her well and congratulate her on bringing this topic to a head. I am also pleased to note that all the political parties and the Archbishop of Dublin, Dr. Diarmuid Martin, support the proposed constitutional amendment. I have supported taking this measure for many years, having been fortunate to chair the Joint Committee on the Constitution from 2002 to 2007. The committee included representatives of all parties, including the former Progressive Democrats and Sinn Féin, and Independent Members. During my time as Chairman, it examined this issue in the context of the family and concluded that the right of the child within the articles of the Constitution was smothered. It was the unanimous and unequivocal view of committee members that the right of the child in the Constitution should be elevated and we recommended constitutional change to this end.

The former Deputy Mary O'Rourke subsequently chaired another committee which studied this issue. The late Brian Lenihan, God be good to him, who preceded me as Chairman of the Joint Committee on the Constitution, was then appointed Minister of State with responsibility for children and he and his successor, former Deputy Barry Andrews, embarked on the process that led to this constitutional amendment, for which responsibility has now passed to the Minister. I am delighted we have reached this point and I have no doubt the electorate will give a strong vote in favour of the amendment on 10 November.

I criticised a Fianna Fáil Minister in the previous Government for not acting quicker on this matter. However, as the Minister is acutely aware, it was critical to find the correct wording for the proposed constitutional amendment. In fairness to the Minister and her officials, having taken account of advice received and previous reports on this issue, they have arrived at the right recipe, as it were. History will tell if I am correct in that regard but if I am wrong, it will be disastrous.

I am acutely aware that the proposal will not provide a utopian solution to the issue of child abuse. Some people believe that once the proposed new article is enshrined in the Constitution, the matter will be resolved. Regrettably, as other Senators who can speak more authoritatively than I can on the issue of child abuse will know, more than 85% of cases of child abuse occur in the family circle or curtilage, so to speak, in that they involve someone known to the child or parents. There is a myth abroad that once the recommendations of the Murphy report into abuse by clerics in the Catholic Church have been implemented, we will have reached the end of the road. Regrettably, that is not the case.

I am confident the referendum will be passed because my knowledge of south-west Cork indicates there is great goodwill towards the proposal. Once the amendment has been passed, legislation will need to be amended to meet ongoing needs as the inclusion in the Constitution of the proposed wording will not, of itself, catapult matters forward. It will, however, raise the bar as far as children are concerned, which will be a major step in the right direction.

During debates with the various groups that came before the committees chaired by me and former Deputy Mary O'Rourke and arising from discussions with the Minister's predecessor, former Deputy Barry Andrews, I became concerned that, in elevating the rights of the child in the Constitution, one must be careful to avoid diminishing the rights or control of parents. I am concerned that a bright, articulate and bold or naughty teenager will use the rights inserted in the Constitution to get at his or her parents for the wrong reasons. This is always a danger and I am sure the courts will try to get to the bottom of the issue in case law.

This is the 31st amendment to the Constitution. I have examined constitutions around the world arising from my involvement in the Joint Committee on the Constitution and interest in constitutional law. Australia, which is a federal state, has had approximately eight constitutional amendments. Given that the Constitution dates back to 1937 and bearing in mind the link between the Irish and American constitutions, Bunreacht na hÉireann has probably been amended more often than any other modern constitution in the western world. Some of the constitutional amendments passed here arose as a result of our engagement in Europe, which has required that we pass certain treaties and so forth. However, amendments to the Constitution have been put to the people much more frequently than in the case of any other constitution in history, including India. Clearly, therefore, we are not afraid to go to the people to seek change. In this instance, I have no doubt that Minister spearheading the amendment is pushing at an open door.

I will urge anyone with whom I have any sway, both publicly and privately, to vote for the referendum to be passed. A good turnout in support of the proposal would augur well for the strength of the Constitution and send a strong signal about how society values child welfare and protection.

I would be very disappointed if there were only a 40% turnout with only 37% for and 3% against. I would prefer a 60% turnout. Having it on a Saturday means no one can have an excuse not to vote. In the past, Governments were castigated for having referenda on days when people were at college or could not get home from their work base in time to vote. I hope the citizens will not lose sight of this significant opportunity to ensure this amendment gets a resounding welcome.

This change has been in the making for the past 20 years. It advanced little by little and at times progress on it was frustratingly slow. However, as the Minister will agree, that extra time was essential to get the wording as right as possible. I believe the Minister has achieved that with this wording. I endorse this referendum and believe, both morally and legally, that it is important and right. I wish its passage every success and the Minister well in this. When she retires from politics many years from now, she will look back fondly on this legislation and put it on her chart of success. It was also a team effort as it had cross-party support which involved many years of exhausting dealings within committees. When an earlier wording came out several years ago, I was challenged in a debate on Vincent Browne's show that the term "citizen" was too broad and children may not be considered citizens. I wish the Minister and the referendum the best of luck. The referendum day will be an important one for the political and legislative history of Ireland. Hopefully, the next generation ? I am a proud grandfather now of three ? will have a happier place to live in than some had in the past and who should have been cherished more.