Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank all the Senators for their contributions. We have heard a wide range of contributions and a huge amount of personal experience shared across the House. The contributions have been thoughtful and insightful. I will deal with some of the particular issues on the legislation on Committee Stage tomorrow and I will confine myself to fairly general remarks at this point.

I was struck by one of the phrases from Senator Mac Conghail, when he stated that we will not resolve the cries of the past but we have a good guide to the future. That was true of the discussion here today. It was striking how many Senators spoke movingly about the significant legacy issues in this area. The debate certainly was a testimony to the great desire of so many Senators to see that changing and to ensure that we do not repeat past failings and move ahead and protect children in an appropriate way.

A point made by many Senators was that we must continue to be vigilant and that the price of freedom is eternal vigilance. The price of ensuring that children are safe is ongoing vigilance, given some of the recent reports. Some of the facts which have emerged from recent reports show that, right up to 2010 and 2011, this is an ongoing issue and there are approximately 1,500 children every year who experience serious abuse in their family and where there are cases of child physical and sexual abuse. The public wants to ensure that those children are protected and that the State has the power to intervene in an appropriate way.

I thank all Senators for their contributions. As I listened, I felt I would really like the public to hear them. I do not know how much of this debate will be reported but whatever happens in that regard I hope that all Senators will have an opportunity in their own constituencies, at public information meetings and through local media such as press and radio, to make the kind of points they made here about our history, how we need to change and how this amendment can play a part in that.

I also take the point many Senators made to the effect that this is not a panacea. This is important constitutional change. I again acknowledge the contribution of so many to arriving at a point where I was able to publish a wording which to date has found fairly wide acceptance, almost all of whom I can think of have been named here today. Everybody contributed to the point where we are at right now. I am privileged to have the opportunity to bring this Bill to the House and to see the kind of support that there is for it.

I acknowledge the cross-party support because that is really important. In terms of the campaign in the weeks ahead, I hope that we will see that cross-party support reflected in the work on the ground around the country because one of the things we know about referenda is that people need information. People need to understand what precisely we are asking of them. If they do not understand, then they will vote "No". It is important that we ensure people understand what this is about and what it is not about, as quite a number of Senators said.

The Government will have a strong information campaign. The referendum commission will be sending a booklet into every house. The Government also will be sending a booklet, the work on which we have only finished, into every house. I understand there will be a strong campaign by all of the political parties and while there is cross-party support here and significant support in the Dáil, I would not be in the least complacent about it. There is work to be done. There is information to get out there. I would say to Senators, as I did in the Dáil to Deputies, to use their voices in every place that they can to ensure that people understand this and support it on 10 November.

I thank Senators for the support they have given to the amendment in this House and to address some of the issues which have been raised. Quite a number of Senators asked about the type of legislation that will follow. I assure the House that, obviously, once the referendum is passed, the adoption legislation will be a priority. Equally, the tracing legislation, on which we have much work done, is a priority. The aspects in the proposed amendment which talk about the rights of the child and vindicating those rights, will be supportive of tracing legislation. If one is thinking about the rights of the child and the best interests of the child, clearly the right to have knowledge about one's identity is an important part of those rights but we will deal with that in legislation. Quite a bit of work has been done and I recognise that there are many out there who are quite concerned about that. There will also be a need to review much of the child care legislation because the amendment contains a provision which states that matters "shall be" enacted, which is a strong provision. We will need to look at current legislation to see how it meets this new constitutional standard in a variety of areas.

There also are quite a number of areas where the principles that are in the Constitution can be brought forward at policy and legislative levels without needing to be in the Constitution as such. Quite a number of pieces of legislation can flow from the provisions that we are putting into the Constitution. Equally, the legislation for the child and family support agency will be introduced before the end of the year so that it will be established in January of next year.

I accept the point that many Senators made about resources. Clearly, constitutional reform is one aspect of working with children and families but, equally, there is the question of the level and degree of resources which we can make available. Senators mentioned, for example, families in direct provision accommodation. I was disturbed by that report. We need to act on it but resources are an issue, particularly at a time of economic difficulty. We are focusing so much as a Government on ensuring that we get our finances and economic situation in order, in order that we have more resources. As the economy grows and as we deal with the legacy issues, this is an area where there will be ongoing demand and where we need to commit resources as they become available.

I also thank the Independent Senators such as Senator Barrett, and Independent Members in the Dáil, for their important support.

I want to take up some points that the Irish Human Rights Commission made. Reservations notwithstanding, I am pleased that the Irish Human Rights Commission has given a broad welcome to the proposed wording of the constitutional amendment. It is strongly supportive of many aspects of the wording, in particular, the provisions on the best interest of the child and the provision on ensuring the views of the child are paramount. I completely understand that it would like to see the United Nations Convention on the Rights of the Child expressly referenced in the Constitution but I am happy that the direction that I have taken with the wording is the most appropriate way to go.

When the joint committee examined this issue, it considered at some length how a constitutional wording could accommodate the provisions of the Convention on the Rights of the Child but did not find it feasible to do so because of the complex and difficult issues that would arise, particularly in respect of considering how its provisions would potentially conflict with other rights enshrined in the Constitution. Bearing in mind the significant body of work done on the issue, the Government did not set out to integrate the convention in its entirety into the Constitution but we did reflect certain standards set out in it. I have already outlined my own view of the importance of the convention in informing the principles behind many of the proposals in the amendment.

As I have noted previously, the amendment strikes a careful balance between the State's role in upholding children's rights and parental autonomy. Senators on all sides of the House have welcomed this balance. We recognise that the best place for a child is with his or her family but, equally, realise there are times when that is not the case, and we are strong on the kind of intervention needed to protect children.

Senator Mullen made a number of points about thresholds. The policy imperative is not to change the threshold of failure but to ensure that in considering failure the focus of decision making is the impact on the child. The amended Article 42.5 looks at the impact a failure has on the child rather than focusing on the reasons for the failure. This is an important shift and we also retain the words "exceptional" and "proportionate".

Senators raised issues in respect of the wording of the amendment to which I will respond tomorrow. I will briefly refer to some of the points made, however. Senator Henry spoke about an 11 year old child who would love to be adopted. This is a poignant illustration of why we need these changes. As Geoffrey Shannon has noted, certain children currently exist in a twilight zone. Senator Healy Eames also made reference to this issue. This amendment deals with children who are caught in that situation.

I pay tribute to Senator van Turnhout for her contribution as CEO of the Children's Rights Alliance and acknowledge the role the alliance has played in forming public opinion. I understand the umbrella group will work to inform people over the next six weeks. It is developing a national campaign and will be putting up posters and going around the country to inform people about the arguments. As was the case with the stability treaty, we are determined to give people the information they need to make a decision but this will also require an effort from Senators and NGOs.

The amendment will play only one part in creating a society that is more child centred and responds appropriately to children and families. Several speakers pointed out the need for permanency planning and risk assessments for children to enter care. The issue of past failures on the part of the State was also addressed. The State will need to do its job properly but almost all children who come into the care of the State are offered care in the setting of foster families. The image of the residential institution no longer applies other than to very few children. We must put in place the proper standards and supports for these children.

Senator O'Donnell spoke about the disappearance of childhood. This is a broader issue but its truth is revealed when one sees the sexualisation of young children and the risks to which they are exposed. One of the reasons I received a positive reaction to the new retail guidelines is because people are concerned about this issue, whether in the context of new media or cyber-bullying.

I thank Senators for their contributions and look forward to their views receiving a wide audience during the coming six to seven weeks. I hope that by the end of the process people will understand why we are introducing this amendment. It has been sought for quite some time and we are now putting it to the people. At the end of the day, a referendum is for the people to decide but information is critical to any decision they may make.