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

I am grateful for the opportunity to discuss the Thirty-First Amendment to the Constitution (Children) Bill. This is vital and entirely worthy legislation. As other speakers – including the Minister – indicated, it constitutes a firm commitment by the Government to protect children, support families and treat all children equally. The Bill is the culmination of immense work by the offices of the Minister and the Attorney General. In producing the proposed constitutional amendment, the Minister and Attorney General are addressing and meeting the needs of those within our community who are most vulnerable and, sadly, often without a voice.

I encourage everyone to read the documentation in its entirety. I will take this opportunity to examine sub-article 2.2° and focus on a couple of words in particular. The sub-article states: “In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.” The two phrases which are worthy of further emphasis are “the safety or welfare of children” and the description of the State as “guardian of the common good”. As a parent and citizen of the State, I, like everyone else, have been horrified by reports that have emerged in the recent past. The cases in question are all the more difficult to understand when I see the unbridled joy and innocence on the faces of children in schools throughout my constituency, including in Ballapousta, Tallanstown, Ballmackenny and the Bay Estate in Dundalk, where my children attended school. As recently as last week I visited Scoil Mhuire gan Smál in Kilsaran and again witnessed the sheer joy and endless capacity of children to give and impart love.

I have focused on the words “safety”, “welfare” and “the common good” because if Deputies witnessed what I and President Michael D. Higgins did last week in Kilsaran, they too would find it inconceivable that anyone could harm children. For the common good and the good of all children in the State now and in the future, I have no hesitation in supporting this amendment.