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

I join other speakers in welcoming the introduction of the constitutional amendment. I congratulate the Minister, Deputy Frances Fitzgerald, and her ministerial colleagues on the time, effort and dedication that went into the preparation of the proposal which is before us today. Given that there has been some debate as to whether it is really necessary, it is important to reflect on the reasons for the bringing forward of the proposed constitutional amendment. The unfortunate reality is that it is indeed necessary. The evidence of the past 20 years or so has shown that for one reason or another and in various circumstances, children in this country were not only neglected but wilfully neglected and had their rights seriously undermined. This was the case even during the period which became known as the Celtic tiger era and it was not just the children of families in poverty who experienced it. In fact, throughout the past two decades there was a serious erosion of the individual child’s rights which pointed clearly to a deficiency in the system. If action could not or was not taken, for whatever reason, we must now find ways to address that deficiency. The objective must be to ensure there is no recurrence of what happened in the past.

As I said, the view has been expressed in some legal quarters that the proposed constitutional amendment and accompanying legislation are not necessary. Everybody is entitled to their opinion, of course, but I reject that view. What is true is that while the amendment certainly should not be necessary, unfortunately it is. That is the difference. Over the years there have been numerous cases showing clear evidence that where children were subjected to serious deprivation and wilful neglect, there was an inability or unwillingness on the part of the State and its institutions to intervene. It is important to consider these issues from a child’s perspective. Children are vulnerable and very much react to what they see around them. They need to feel they are in a secure and stable environment, whether in a family setting, in an institution, at school or at play. Everything is a challenge to children. If one studies a child’s reaction in a strange environment, one will see that he or she is drinking in the surroundings and will inevitably react as he or she knows best. What of the child whose best interests are not being served, whether in the family setting or otherwise? Such a child becomes accustomed to whatever he or she is being subjected to on an ongoing basis. It must be an appalling thing for a small child to find himself or herself in that situation and not to know any other way. It is equally appalling that adults who should know better allow these types of situations to prevail.

That is why we are now obliged to insert into the Constitution a specific measure which sets out clearly the rights and entitlements of children and the need to ensure they are protected in all circumstances. It does not follow, however, that the State is obliged to intervene between child and parent. As several speakers have observed, the family already retains a privileged position under our Constitution and must be protected. That will not change. Only in particular and specific circumstances, where it is clear that the family situation is failing, will the State have a responsibility to intervene. Several speakers suggested that it should be open to any person to intervene in such circumstances, but I am not convinced by that argument. Regardless of who intervenes, there will now be a provision in the Constitution which clearly sets out to protect the well-being, rights and entitlements of children.

Some of us have been in this House longer than we care to remember and were members of health boards in the past. That experience was a great school of learning in so far as child welfare is concerned. Many people working in the health services over the years were futuristic in their attitude and recognised the need for provisions specifically to address the concerns of those dealing with children’s welfare. These people expressed their views on the matter liberally and some took action, by way of pilot schemes and so on, to introduce measures which they hoped might be adopted on a general basis. We had an opportunity to learn the full extent and circumstances of neglect in the various cases that have been brought to our attention in recent years. We must not forget, however, that the same degree of neglect still goes on today. I am sure a week does not go without some incident of this nature being brought to the attention of public representatives. Sometimes these matters are simple to resolve and sometimes not. It is an ongoing issue.

Looking beyond the constitutional proposal, it vital that we have effective follow-up in the area of child and youth services. I and others have tabled parliamentary questions to encourage this development in the future. The need for a comprehensive support service for youth was never more obvious than at present. There was a tendency during the Celtic years to neglect the basics and to revel in our apparent wealth. In fact, we neglected many issues of major importance. We now have an opportunity to ensure, in the context of the legislation coming on stream, that we have an adequate and comprehensive back-up service for children at various stages in their development. Children must never find themselves disadvantaged or pushed into a situation where they are exploited or have their well-being and welfare placed in jeopardy.

Deputies have frequently debated the issue of out-of-hours services. One positive aspect of the constitutional amendment is that the provision, as laid down in the Constitution, will have to be observed. Nothing can change that fact and there can be no deviation from that provision. It cannot be watered down in any way, which means we will not be able to decide that we will only do certain things in certain circumstances but will be required to do what must be done.

Although a great many families have suffered as a result of the economic downturn, this does not necessarily mean that people who have suffered economic deprivation will reject their children. Far from it because history shows that seeking to ensure the best for their children has been the hallmark of 99.9% of parents in this country. That will remain the position, which is as it should be. However, circumstances will arise where it will be clear that the welfare and well-being of a child are at risk.

A fair amount of other legislation is proposed and will be helpful. For example, it is important to note, as the Minister of State and her colleague, the Minister for Finance, have done, that more than 2,000 children have been living for more than five years with foster families. Confidence is important to young children growing up and living in a safe environment and feeling secure assist in their development. While foster care is helpful in this regard and we are fortunate to have a system of fostering in place, a question mark about whether the care will continue hangs over all children in foster care at all times. Uncertainty is unfair to children and I hope it will be addressed in the context of the forthcoming constitutional amendment. It is of critical importance that we provide the supports families require and that where intervention proves necessary, it is undertaken in a positive manner that protects children and enhances and supports families in the first instance.

Nobody should view this legislation as a threat or as in any way undermining the position of the family. That is not the intention behind the Bill, as all Deputies recognise. At the same time, while Ireland is not unique in the number of cases of child abuse and neglect, we are all aware of what should have been done in the past and what must be done in the future. This legislation means we now know it will be done. However, as with all legislation that is brought before the House, it will only be as good as its implementation. If we fail to enforce or operate any aspect of this or other legislation, we will have serious questions to answer.

The country has come through a terrible experience in recent years. Having been at the top of the economic pile, as it were, we have plunged into an abyss. In such circumstances, individuals and entire groups in society tend to be ignored. This is a danger to which we need to be alert. For this reason, we must try to ensure that, in accordance with the sentiments expressed in the legislation, we live up to what we set out to do rather than only paying lip service to its provisions. We must put in place the measures and supports that are necessary because they will bear rich fruit in creating a new generation of children who can have a degree of assurance that they have security and support, either in a family environment or, in the event of the failure of their family, from a second family. It is hoped such children will be able to develop into well adjusted individuals with the confidence required in this challenging world.