Terry Leyden (Fianna Fail) | Oireachtas source

Teachers could physically abuse pupils in front of their peers in the classroom. If I look back to my own childhood, it was like that of Senator van Turnhout, who was blessed with her mother and father and the manner in which they gave her support. That support has built her up and given her the courage to bring forward these amendments. However, I recall going home to a loving mother - my father was a stonemason and worked away from home a great deal - who was there to greet me with a cup of tea and some biscuits. I looked forward to that moment. There was never fear in my home and I was fortunate in that regard. Moreover, one continues with the example one receives with one's own family and that was something to which we never needed to resort. It is nothing about which to boast but I was fortunate this did not arise.

I wish to make one point in respect of which the Minister might respond. This provision should not lead to overuse or abuse of the resources of the Garda Síochána. However, a reasonable approach should be taken. One might call it a phasing-in approach whereby people will be aware of the position, will not abuse the law and will not be able to resort to this defence if they are actually challenged or if charges are brought against them. It is important that from the time the President signs this Bill into law, anyone who sees a child being abused, by a parent or otherwise, will have the right - and will use that right - to inform a member of the Garda that wrongdoing is taking place and that the law is being broken. I refer to public demonstrations of abuse which will be quite evident, which one can foresee and about which one can do something. Privately and internally, a child will be able to contact the helpline, which is fine, but the Minister should be aware of this point. The publicity that will arise from this provision and parents' awareness of it will go a long way toward achieving compliance and ensuring that parents will not use force against, abuse or slap their children . There are many other ways to do it. Every family is different but this is an important development and I am delighted to be associated with it.

I again congratulate Senator van Turnhout on her initiative in tabling this amendment. In particular, I congratulate the Minister and his officials. I presume this measure was approved by the Cabinet on Tuesday last, so I take this opportunity to compliment the Cabinet as well. I do so because this may not be as popular in some quarters as it might be in others. However, popularity does not matter - we are concerned with the rights of children. As the Senator noted, why pass a referendum without introducing this measure? In a sense, there was a contradiction in that the people approved a children's rights amendment without something being done to protect children in their homes or otherwise. I again say "Well done" and offer my congratulations. I thank the Minister for going along with this amendment in the House. It shows his independence of thought and his ability as Minister for Children and Youth Affairs. I have great faith in the Minister's ability and long may he continue his work.