Alice-Mary Higgins (Independent) | Oireachtas source

I welcome the Minister and I commend Senator McDowell and the Independent Group on bringing this Bill forward. It is good to see the Government supporting constructive legislation from the Opposition benches. One of the ways we can most effectively make good legislation is when we take good ideas, regardless of where they come from.

As other Members said, the legislation follows the Court of Appeal's decision regarding whether a child can be named after the child has been murdered and the interpretation of section 252 of the Children Act 2001. While the interpretation is understandable on a reading of the law, it is the case that a situation in which a family that has lost a child cannot speak about that child, the loss of the child and the circumstances is an unforeseen cruelty on top of cruelty for that family. It is very sad, and it is important to try to address it expeditiously.

I have certain concerns about the Bill, and other Members have mentioned them. I recognise that the proposer of the Bill has been clear that work will have to be done to tease these out. Sadly, there are situations where not only is the victim of a murder, attempted murder or manslaughter a child, but the perpetrator is also a minor or a child. It is a major additional tragedy when somebody has committed such an awful crime so early in his or her life. It is important we would reflect and manage in the law mechanisms which give priority to the rights, to the story and to honouring the victim of a crime, but we must also give due regard and respect to protecting the childhood status of a perpetrator. There are other sections of the Children Act, such as section 93, which address some of the situations when a case is before the court. That gives certain safeguards whereby, except in such circumstances where, for example, somebody is at large or where it is in the public interest, the perpetrator would not be named. Those address situations when a case is before the court, but this legislation might have to deal with more nuanced situations subsequent to a ruling or to the case concluding. I am sure we will be able to tease this out together in a way that ensures that while a victim and the family are able to discuss what matters to them, at the same time we respect the fact of a perpetrator being a minor and find a way to do that appropriately.

On the question of the media's interest in the right to name a deceased child, the media naming is important but it is also important to have a culture of respect in that regard and regarding those questions of the public interest safeguards and what are the appropriate measures or checks and balances. It may be that this is not simply a matter of an absolute right or no right, but a right with safeguards and caveats. We will be able to tease those out. I am confident that the legislators in both Houses who have the intent of the public good in mind will be able to address those issues.

There is a related issue. We might propose amendments to this Bill on Committee Stage, although I will certainly support it today. I recognise that it is an important step forward. However, I wish to identify an issue which, for me, is related. It is the trauma that is inflicted by the silencing when a tragedy or abuse takes place, and it then becomes invisible. Sadly, there is that related situation under way, at present, in respect of institutional abuse.The Minister will be very aware of the serious and time-pressing concerns expressed by many of those who testified to the mother and baby homes commission about their data protection rights and also their more immediate rights in terms of the recordings of their testimony - their voices - being deleted or them not having access to their own stories. In one way, this is a side issue to the one we are debating but, in another, it goes to that same core matter of respecting children and their stories, even in the many years that follow.

Many people who were children at the time of the mother and baby homes and testified to the commission as adults are very concerned. They are asking that the Minister would support her colleague, the Minister for Children, Equality, Disability, Integration and Youth, Deputy O’Gorman, in seeking to extend, if necessary, the terms of the commission to ensure that appropriate actions can be taken in respect of the rights of those who were children at that time and are now adults who want to have their rights vindicated. They want their stories to be heard. They want a copy of their stories. They want their rights and to see justice done. I want to flag that issue to the Minister.

This Bill is positive. It is a good step forward in addressing an unforeseen consequence. We will have to avoid other unforeseen consequences. In general, this legislation, and all our legislation, needs scrutiny again in the light of the referendum on children’s rights, which was that collective decision we, as a nation, made to look to children's rights. I imagine this will not be the first legislative measure we will need to review and strengthen to ensure that Ireland can be a leader in respect of the rights of the child. I again commend the proposers of the Bill.