David Norris (Independent) | Oireachtas source

It reads as follows: "In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents" This provision would have been intolerable in the past. Even during my time in this House, the Stay Safe programme was attacked on the basis that even protecting children against sexual abuse within the home amounted to an interference in the family. This provision is terribly important because there is a major gap in this area. The important aspect of the provision is the phrase "the best interests of the child shall be the paramount consideration". The welfare of the child must be paramount. While a family is wonderful when it is good, there are cases where children are defenceless against a dysfunctional family.

I was pleased to note the Minister's reference to the position as regards the guardian ad litem system given the role the House has played in this matter. I expected the system would have some role to play. In a shocking case in England, a young girl who was returned by a local authority to her family where she was being abused ended up meeting her death. There is, therefore, a role for the State. It is vital in these circumstances that whatever provision is made by the State is adequate and significantly better than the circumstances from which the child is removed.

This section grants the State the power to intervene. It is most regrettable, as we have learned, that institutions of the State have been defective historically and this has had serious consequences for children in their care. I hope and believe we have learned from that. The guardian ad litem system must be financed because it has not been properly funded. This is a terribly difficult period in which to seek additional finance for anything, even children who are often the most vulnerable in society. I add this important proviso.

We would all have a better understanding of the position, precisely as the Minister says, if a mechanism were in place whereby we would come to understand the types of cases that are explored or types of judgments made in the family court. Cases in the family court which involve children are heard in camera. I am not sure how to resolve this issue but it would be a good public service if we had access to this type of information because it would inform our discussion of this delicate matter.

I listened with great interest and respect to Senator Mullen. That Senator Mullen, who is probably closer to these matters than I am, referred to the role of alcohol in families, an issue with which I am familiar having spoken about it in the past, shows what a complicated society we live in. Alcohol can be a threat to children. The Senator stated that alcohol is associated in a significant way with First Holy Communion. It is a paradox that a spiritual event and religious ritual that should be a celebration has become corrupted to a certain extent and I am glad the church is addressing the issue.

The Minister is much more capable than I am of answering the question posed by Senator Mullen on the use of the word "prejudicially" as opposed to "significantly". The reason I am satisfied with the current wording is that it is surely a matter of significance if the safety or welfare of a child is prejudicially affected. It may not be necessary to include the word "significantly" because if the safety and welfare of a child are prejudicially affected, what could have greater significance? I am not persuaded that the inclusion of the word "significantly" is necessary. The current wording works because the word is included by implication.