Seanad debates

Wednesday, 3 October 2012

Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage

 

1:45 pm

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

I do not intend to make an extended response. The Minister's response is very helpful and I note the comments of Senators Bacik and Hayden in particular as we attempt to put meat on the concept of prejudicially affecting the welfare and safety of children. This debate will be useful to people as they consider these delicate balances. We are speaking about impairing or harming children in a detrimental or injurious way. This is the likely outcome that triggers the State's intervention.

I continue to believe that the word "significantly" would help in introducing clarity on the appropriate level for intervention. The Minister is right to ask whether this would enhance the protection of children. It should be noted that getting the balance right in such a way that the agents of the State do not feel empowered to intervene in inappropriate ways would help to protect children. The presumption would be that a child should be reared by his or her parents but in certain cases the mechanisms of care have to kick in. The word "significantly" addresses any possible fears that there may be, whether well founded or groundless, that vexatious or ill-judged interventions could take place on the part of the State. While I do not want to do anything that would interfere with current legislation we have to think about all possible scenarios. It is a tight call and I take on board everything that has been said about the impact of the word "proportionate". People might be concerned if the State was to supply the role of parent even in circumstances where a child is likely to be slightly impaired or harmed. If a parent fails to pick up his or her own child from school on couple of occasions -----

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