Speech on the Thirty-First Amendment of the Constitution (Children) Bill

I welcome the Bill and I acknowledge the work of the Minister for Children and Youth Affairs, Deputy Fitzgerald. Her work has introduced measures for the recognition of children, in particular the referendum on the 31st amendment of the Constitution. This was promised but not delivered by the last Government but has been accomplished by this Government and that is important. The rights and protection of children under our Constitution must be of paramount importance. I emphasise that I believe these rights extend to the unborn as well. I have made my position clear in respect of any attempt to introduce abortion to this country, a measure to which I am totally opposed. The recognition of children as individuals with individual rights is a significant step forward in the creation of a society based on equality for all. Although the amendment, which has been so carefully worded, will not be the cure-all sought at the most extreme level of expectation, it will go a long way towards it. We are now presented with a once-in-a-lifetime opportunity to make a difference in the lives of our children that will resonate for years to come. That we do so under the cloud of the revelations of terrible abuse, which has shocked our nation to the core, is a strong incentive, if one were needed, to ensure that childhood is protected in every possible way.

While idealistic aspirations are often at odds with reality, I am confident that the Government will do its utmost to ensure that the optimum protection and respect will be accorded to children in the State. The UN Convention on the Rights of the Child will direct and underpin the actions of the courts in interpreting the constitutional provision now under consideration which the electorate will have the right to accept or reject on 10 November.

Given the influences that children are subjected to in the 21st century, not the least of which are social networks, it is essential that any provision for their protection goes beyond the historical and somewhat narrow provisions. The issues faced by young people today could not possibly have been envisaged under the provision of the 1937 Constitution. Any amendment to the Constitution is likely to remain in place for a long time and, as such, must be far-sighted. While I am aware that the amendment does and must provide for the adoption of the children of married parents, this area is fraught with pitfalls. Like any other provision, there is a danger that bureaucracy and opportunity could lead in the long term to the unjust suffering of children and their parents, rather than providing the desired protection.

Let us consider the position in the United Kingdom. The system of so-called child protection there has led to accusations of secret family courts, reporting restrictions and child care scandals. The heart-breaking reality is that reported excessive zeal by social services is leading to children being removed from parental care in situations where no abuse or neglect has taken place. Parents are often afraid to take their children to hospital following an accident in case they are accused of deliberately harming a child. This situation arises in all socioeconomic groupings of people and money and educational or professional status are no protection in these areas. Last week the adoption of a baby boy, whose parents were accused of battering him leading to broken bones, was halted as evidence of congenital rickets and a vitamin D deficiency was presented. After a three year battle the parents of the child have finally been given the chance to get their son back. They are the lucky ones. Records in the UK show numerous cases of supposed child abuse leading to children being removed from their parents and put up for adoption. Even if the supposed abuse has been proven to be false, the children are not returned in many cases because adoptions have gone ahead and cannot be undone. In another case highlighted last year a mother lost her son and daughter, both under the age of 12 years. She was not prosecuted for any kind of abuse and had committed no crime. She does not smoke, drink or take drugs and does not suffer from mental illness. She was described as a kind and loving mother. However, because of psychological vulnerability during a time of stress the social services decided that the children were at risk of significant harm. These cases are only the tip of the iceberg. It is important at this juncture when legislation and constitutional amendment will make provision for our children’s health, happiness and essential rights, that bureaucracy does not develop in a way that, in the long term, will work against the very ideals that we seek to achieve.

It is admirable that this Government has prioritised the protection of children and has, under the watch of the Minister, Deputy Fitzgerald, done more to advance this legislation and the setting of a date for the children’s rights referendum than all the talk of the last Government.

I am also confident that, in co-operation with her Cabinet colleagues, she can ensure that children are given special protection that will keep them safe, from both abuse and perceived abuse.
In tandem with children’s rights, parents must have confidence that, in looking after their children to the best of their ability, they too will be protected. I never want to see headlines such as “Social Services took my Child” and “Child Care Scandals” in this country. The most basic right is that a child will, except in the most extreme cases, be entitled to know, love and be brought up by his or her own parents. We can say that this is obvious and that any provision will only be in respect of proven and threatening cases, yet if we look at the issue of the introduction of divorce in Ireland, the initial thinking of everyone was that it would only apply in the Irish context to the most extreme situations. However, since 2006, 90,000 divorces were obtained in this country. This is a considerable number.

Abortion legislation in the UK and other countries was enacted initially with strict provisions. These have been watered down over years to the current position where abortion on demand, indeed, on the most flimsy of pretexts, is very much the norm, and we never want to see it introduced here in this country.

This brings me on to another important issue, which perhaps comes under the Minister for Justice and Equality’s remit, that is, cyber-bullying. We must bring forward legislation to stop electronic bullying or intimidation through the Internet. This is an issue that needs to be addressed. It is a new phenomenon and a 21st century issue. Technology has now made it easier for bullies to get away with it and we must direct schools and IT literate persons to adopt policies prohibiting cyber-bullying. Children or young adults can go online to create a cyber-personality for themselves by posting messages, videos, their interests and likes and dislikes on sites, and it is cheaper than texting. Also, it is anonymous. Indeed, it can cast decent people in a poor light. This is also an issue that needs to be addressed and no doubt the Cabinet will do so during the term of this Government.

Our children are our future. It is up to us to ensure that they are protected and that they can enjoy the childhood they deserve with loving families around them. Good child care facilities are central pillars in our society. The Minister is committed to prioritising the delivery of quality community child care, paid parental leave and improved direct child care payments to families.

Community care facilities need to be supported. I had the pleasure of accompanying Deputy Fitzgerald when she visited the midlands – Longford, Athlone and Mullingar, and, indeed, many small villages in between – last year when she became Minister. It probably reminded her of the Seanad campaign she undertook with me a number of years ago. She got a great insight into how communities gel and how they look after and support community child care facilities. It is important that such child care facilities are supported 100%. No doubt we have the Minister in place who will battle extremely hard to ensure there are budgets for those facilities.

In a nutshell, this is an important piece of legislation. It will foster a new attitude to children and reform the adoption laws and, indeed, support families and protect children and make them visible, and ensure decisions for children in their best interests. I thank the Minister sincerely for bringing forward this legislation.