David Cullinane (Sinn Fein) | Oireachtas source

I join other Members in commending Senator Norris for tabling this motion. It is important for Members to have a debate on the court decision. It is also important that Members do not blame the courts or the judges for today's decision because I believe the judgment gives cause for concern. On behalf of my party, I wish to state its clear view that the referendum should go ahead as planned on Saturday. Sinn Féin is also clear that the people of the State should support wholeheartedly the referendum and should vote in favour of it. It is an important step in safeguarding children and it should proceed and I hope be passed by the people. Moreover, it is important to remember that for my party, the amendment is a first step towards incorporating the United Nations Convention on the Rights of the Child into Irish law. The Minister is aware that Sinn Féin would have preferred a stronger wording but that said, this proposal is a highly significant step in the right direction and should be supported by the people of the State. It also is fair to acknowledge this is a significant judgment of the court, which upholds the principles of fairness in referendum campaigns that were set out in the McKenna judgment. On a previous occasion, when the Minister was in this House, Sinn Féin warned against this and asked that the 50:50 rule be upheld and that the situation be avoided whereby the State could find itself in court and be subject to such court judgments. However, we are where we are in this regard.

I sincerely hope and firmly believe that this court judgment will not in any way take away from people's views that this constitutes an important advance for children and that it is about children's rights. The issue of Government spending has been raised in previous referendum campaigns and has been a continuing cause for concern. It will be necessary to study carefully the full judgment of the Supreme Court when it becomes available. The Government's approach to the conduct of referendums must be seriously questioned in light of this judgment. It is not the first time the Government has pushed the limits on the McKenna judgment, as some boundaries surely were pushed during the presentation of the austerity treaty. The McKenna and Coughlan judgments pertain to ensuring fairness in referendum campaigns. They were hard-won by citizens and should be respected in law and in spirit. However, it would be a setback for children were the reaction to this court outcome to jeopardise the adoption of the proposed constitutional amendment to children's rights. I again take the opportunity to call on the people of Ireland to vote "Yes" on Saturday.

I also believe it is important to note that once this referendum is passed, as I sincerely hope it will, this will not be the end when it comes to children's rights but will only be the beginning. Members will be aware I have repeated the point in this House ad nauseam that children in this State live in poverty, go to school hungry or not properly clothed and get sick and do not receive the treatments they need as quickly as they should. Consequently, I seek the passing of the referendum and the enshrining of children's rights in the Constitution. Moreover, all the issues about protecting children, supporting families, reducing inequalities in adoption and recognising children in their own right in the Constitution, as proposed in this amendment, are very important.

However, I also support parliamentarians and legislators doing the right thing to support children at budget time and that Members will make decisions that take children out of poverty, rather than pushing them into poverty. I will echo the sentiments of Senator Hayden when she spoke of potential failures of the past in respect of children in care. All Members accept that in the past, the State failed on occasion when it came to children and there is no doubt but that institutions failed children. However, one also should be mindful that many people who work for the State have done Trojan work in protecting children in State care. I know of many social workers and people who work in the HSE who have provided the utmost care and in some cases the best care a child can possibly get. This point should not be lost when one discusses issues such as the protector of last resort being the State and past failures. Everyone accepts there were past failures but Senator Hayden is correct that one cannot be a politician for as long as have been many Members and not come across instances in which children were not being properly looked after by their parents. I personally have seen examples of this and in such circumstances, one must ensure that children come first. Their health, well-being and safety must come first and that is what this referendum is about. I will conclude by again urging the people of the State to vote comprehensively and overwhelmingly in favour of this constitutional amendment.