Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Tairgim leasú a 4:

I gCuid 1, leathanach 7, líne 23, ?a thabharfaidh an Stát? a scriosadh agus ?ar páirtí iontu an Stát? a chur ina ionad,
agus
I gCuid 2, leathanach 9, líne 23, ?brought by the State? a scriosadh agus ?that the State is party to? a chur ina ionad.
I move amendment No. 4:
In Part 1, page 6, line 23, to delete ?a thabharfaidh an Stát? and substitute ?ar páirtí iontu an Stát?,
and
In Part 2, page 8, line 23, to delete ?brought by the State? and substitute ?that the State is party to?.

Amendment No. 4 seeks in Part 2, page 8, line 23, to delete ?brought by the State? and substitute ?that the State is party to?. Amendment No. 5 seeks in Part 2, page 8, line 27, after ?access to,? to insert ?or any other judicial matter concerning,?. Amendments Nos. 4 and 5 seek to change the wording in order that cases the State is party to, rather than just cases the State takes, can be affected by the constitutional amendment. This is a very important gap in the legislation and one that our amendment, if accepted, would remedy. The current wording could be construed as leaving a loophole through which the State could evade responsibility in some cases. Our amendment would compel the State to place the interests of the child as the paramount interest in any case it is party to.

I hope colleagues will support these amendments and close this potential gap. It is very important that many of the cases that have been cited on Second Stage and again today have related to State provision in cases of neglect and where the State has been remiss. It is important that we take cognisance of this fact in the wording and I look forward to the Minister's thoughts on this.

As I said yesterday and it is important to repeat, we want to as much as possible support for the legislation. One of the potential sources of unhappiness with the wording might be among those who have or feel they have suffered at the hands of the State and who might be very vocal against the legislation. This is one of the reasons we would have proposed, and we support, the notion of the 50:50 split in the time given to debate in the media. I applaud the Minister for the way she is handling this debate because I feel she is dealing with any of the issues that arise in a very categoric and detailed manner. There is nothing to be afraid of in debate around this constitutional amendment. Therefore, it is important to take on board the thoughts of those who may be naysayers in a 50:50 way in order that we can address them fully and tackle them head on. This might be an area where this will rear its head, which is why we put forward these amendments.

I again use the example of direct provision. I note again what Mrs. Justice McGuinness has said and we have acknowledged her a number of times for her pioneering role in having this legislation and the amendment brought before us. As she stated in the Irish Refugee Council report:

Poverty and Exclusion paints a convincing picture of the damage done to children by years of living in institutional accommodation which is so far removed from the atmosphere of a normal family home. This is rendered even more damaging by the income poverty of their parents.

The author of the report also states there is a danger that the direct provision system is tantamount to child abuse. In future years, will we be looking back at this report and saying they were correct? If so, will people be taking cases against the State and using the basis of the Constitution to do that? What is the State's role in this?

The direct provision model, for example, is an arm's-length model in that the direct provision is provided through private operators who are working on behalf of the RIA and the Department of Justice and Equality. I use that to suggest a possibility of the State being a party to an abuse against a child. The issue will perhaps arise in these types of specific cases, and any of the cases we have seen over the years have always been very specific and there are certain circumstances surrounding them. I welcome the Minister's thoughts around the whole area of direct provision. It certainly needs to be looked at and the report needs to be acted upon. This is why we say the State, if it is remiss in its provision for children in any sense, should surely be party and be included in the way the referendum is being worded in order that people have redress if the State has failed in its duties.