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Extract
from Speech by Brendan Howlin, T.D.,
Labour
Spokesperson on Constitutional Matters and Law Reform in
Dáil Debate on Motion on Children’s Referendum
I
move this Motion tonight in my name and that of my
Labour and Sinn Féin colleagues, in the shadow of yet
another tragic death, this time by murder of a child in
the care of the
HSE
. We don’t
know the full story of the life and death of Daniel
McAnaspie. What
we do know is disquieting and a cause of real concern.
As we send our condolences to Daniel’s family
we must also resolve to do more.
It
was in February 2007 (more than three years ago) that
the then Government presented the Twenty-eighth
Amendment of the Constitution Bill to Dáil Éireann.
After many years of debate and consideration –
there was consensus that we needed to change the
Constitution to give greater rights to children.
Children’s
rights organisations had long argued for change.
But the vulnerability of children, their lack of
unique constitutional presence and the consequences of
this situation had become a matter of real concern.
Going
back to the conclusions of the Kilkenny Incest
Investigation of 1993, Ms. Justice Catherine McGuiness
recommended that the Constitution should include “a
specific and overt declaration of the rights of born
children”.
Since
1993, a number of other reports or court cases involving
individual children and their families have continued to
raise the question of the apparent conflict between the
best interests of children, and the rights and duties of
married parents. In
too many cases, professionals or courts involved in
decisions relating to children, made decision on the
basis of our current constitutional balance and failed
to act in the interests of the child.
And children met with harm (sometimes
unimaginable harm) because of this approach.
This
House has debated some of these cases and reports over
the past fifteen years.
In
2007 it was decided that we needed to act to bring about
change. The
Government published a constitutional amendment Bill.
The
2007 Bill, which proposed the insertion of a new Article
42(A) in the Constitution was referred to an All-Party
Committee for detailed consideration.
The Committee met weekly and examined the law
relating to children in great detail.
In
September 2008 the Committee presented its First Interim
Report. This
dealt with a proposal to give legal authority for the
collection and limited exchange of information
concerning the risk of the endangerment, sexual
exploitation or sexual abuse of children.
It was our unanimous view that the gathering and
limited exchange of so-called “soft information”
could be achieved by legislation without the need for a
constitutional change.
Since this was a prime recommendation in the
Ferns Inquiry Report and featured in other horrific
cases such as the Soham murder case (where Holly Wells
and Jessica Chapman were murdered by local school
caretaker, Ian Huntley); we believed urgent legislation
was required.
Unfortunately,
one year and eight months later we still await the
publication of this important Bill.
The
Committee then set to work on the difficult and
complicated proposal to give legal authority to create
offences of absolute or strict liability in respect of
sexual offences against or in connection with children.
That work was completed and a detailed Second
Interim Report was presented to Dáil Éireann in May
2009.
The
majority of the Committee recommended the creation of
offences by legislative means.
We again await the response of Government to this
very detailed report.
Here too legislation has been long promised.
The
third and final phase of the Committee’s work deals
with the remaining issues of required constitutional
change. Specifically, the issues of children’s rights,
the best interest of the child, the power of the State
to intervene in the family and adoption.
Again,
an extraordinary amount of work, research, hearing of
evidence and consideration of submissions informed the
detailed debate that shaped the Committee’s views.
It
was our shared view from an early stage, that the 2007
proposals did not go far enough to achieve the aim of
enhancing children’s rights.
I
believe it to be a remarkable achievement to have
produced in February of this year, some three months
ago, an All-Party, agreed set of proposals including an
agreed wording for constitutional change.
This
Report followed what was probably the most comprehensive
examination of the truly complex issues involved in
trying to enshrine and enhance the protection of the
rights of children.
I pay tribute to all members of the Committee who
worked under the able chairmanship of Deputy Mary
O’Rourke, in a non-partisan way to address the issues
involved. The
final report enjoyed the support of all members,
representing every Oireachtas party.
We also benefited from the participation of the
Government through Minister for Justice Dermot Ahern and
Minister for Children Barry Andrews.
For
that reason, one could hope and expect a speedy response
to the Committee’s groundbreaking proposals.
Clearly we are all agreed that few issues better
demand our attention and our action.
This
Motion tonight sponsored by the Labour Party and Sinn Féin
seeks to move the process along.
We
have waited long enough for this change.
Dáil Éireann must again unite on this issue and
remain united, endorse the draft wording for
constitutional change recommended unanimously by the
Committee and announce our determination to bring this
proposal to the People this
year.
It
is said by some that the Government will not agree to a
referendum this year – for fear of having to hold the
bye-elections that are also due.
That simply cannot be tolerated as an excuse for
inaction on this issue.
The welfare of children and the failure of State
and Church and Society to give them adequate protection
have convulsed this House and the Nation.
Our words of determination to do better – to
act decisively in the interest of children, will ring
hollow indeed if we long-finger this much needed change.
This
proposal will require detailed explanation and debate
with the people of
Ireland. That will
require time. The
sooner we complete the legislative phase of the
constitutional amendment Bill, the sooner we can start
the process of engagement and dialogue with the
electorate.
There
have been a few voices of concern – any change gives
rise to proper questioning.
We need to know the Government’s intention, so
that fears are not fanned by the vacuum of inaction.
In short we need to start a detailed process of
communication.
What is recommended?
A new Article 42 to be entitled Children.
This new Article sets out
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the recognition of equality between all children
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the recognition of children’s natural and imprescriptible rights
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their right to have their welfare regarded as either a primary or paramount consideration
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their right to protection and care
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the right of the child’s voice to be heard
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it acknowledges parents as the primary and natural carers, educators and protectors of the welfare of their children and guarantees to respect those rights and responsibilities
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Allows the State, where parents fail in their responsibilities, to either supply or supplement the place of the parents, by proportionate means
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to provide for adoption of children where their best interest so require
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and re-enacts the existing provisions dealing with the rights of parents to provide for the education of their children.
These
and the other recommendations in the 117 pages of the
Report can make a real difference.
But only if they are acted upon.
Too many sad, depressing, horrific reports on the
abuse of children have come before us.
Just as we united in expressions of outrage when
we read of the abuse of children, let us unite in our
determination to make things better.
The Committee did not divide on party political
lines – let us not divide now.
The proof of our sincerity on these issues will
be provided in our deeds not our words.
Pass this Motion tomorrow evening – let us show
a common determination to act on this issue together for
the common good of all.
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