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

Shakespeare wrote: “Defer no time, delays have dangerous consequences.” Over past years, we have let down the children of Ireland and have allowed children’s lives be ruined and destroyed. The delay in bringing forward a referendum on children’s rights has resulted in many children facing danger, abuse and sometimes death. Our Tánaiste was right when he stated that some of the darkest moments in our past are a direct consequence of ignoring children’s interests and their rights to be cared for and protected.

It is over 20 years since Mrs. Justice Catherine McGuinness called for a referendum to enshrine the rights of children in our Constitution. Many academics and children advocates also pleaded with previous Governments for a referendum. This Government is listening and reacting and it seeks to protect our young and vulnerable. I am proud to be part of this Government, a Government which cares and which will listen to children and give a voice to them in our Constitution. This Government appointed the first Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, who has done Trojan work to bring this referendum to the people. The referendum proposes to put the child at the centre of Bunreacht na hÉireann. It is a statement of how we value and cherish the children of our State. The majority of parents look after their children. This referendum is not about them, but about the parents who do not nurture and protect their children.

During my years as a teacher and school principal, I attended many teacher conferences, meetings and staff meetings at which many teachers expressed concern for children in their care. Some arrived at school unwashed, some arrived hungry and some arrived as vacant, exhausted shells. Indeed, some arrived as all of these with all life and sparkle drained from them. This referendum will facilitate those cases where children are abused or neglected within their families. It will allow the State to step in more quickly to protect them. This is a very welcome development.

During my work in the education sector, I met children who were fostered and their foster parents. It was plain to see that these children were adored, cherished and loved. However, there was something missing, a piece of the jigsaw lost. They did not fully belong and there was an endless fear that the dream would end soon and that the child would have to leave. Often, the real heartbreak for the foster parents was the knowledge of the situation to which the child would return.

They had to watch the child they adored, cherished and loved return to parents who neglected, abused and dismissed the child. Some of these parents were incapable of looking after themselves due to problems with drink, drugs or mental illness. Forthcoming legislation will allow the children of married parents to be adopted. More than 1,600 children are currently living in institutions or with foster parents because of the value placed on the family in our Constitution. We need to make it clear that the new Article 42A of the Constitution still acknowledges that the best place for the child is in the family home. This is the case in the majority of instances. If this referendum is passed, children will have recognised rights and the safety and welfare of children will be at the centre of decision-making. The inclusion of the proposed Article 42A in the Constitution will mean that the family will have to share its pedestal with children. A balancing act will have to be performed. This is only right and proper. Hillary Clinton has said that “every child needs a champion”. On 10 November next, we should all become champions for our sons and daughters and for those children who are seen by few and heard by even fewer.