Watershed moment for children in Ireland

Taoiseach Enda Kenny, referring to the proposed referendum on children's rights to be held in November, has said the new Article to be inserted into the Constitution would be the clearest statement the nation could make that Ireland's legacy of child neglect is being left behind. Let us hope that it is, indeed, a watershed that will, in the future, protect vulnerable young people from abuse and treat all children equally. It has been almost two decades since Judge Catherine McGuinness first advocated constitutional change following her damning report into the infamous Kilkenny Incest Case, where a man sexually abused his daughter for more than a decade. In the intervening time, other appalling tales have come to light, such as the House of Horrors case in Co Roscommon. Now, at long last, after years of discussions, pledges and reports amounting to tens of thousands of pages, a government is acting to recognise for the first time in the Irish Constitution the fundamental rights of all children and to ensure their protection. The proposed new Article, if passed by the people on 10th November next, would give the State the authority to intervene in neglect cases, regardless of whether the child's parents are married or not. A child's own views would also be taken into account during child protection proceedings. There are many instances which can be cited to show that the State has continued to fail children miserably, through a lack of intervention on behalf of children at risk. This new referendum, if passed, should change all that. This referendum is designed to place children's safety at the heart of decision-making. Undoubtedly, in the vast majority of cases, the best place for children is with their families but there are some instances where this is not the case and the State must be able to intervene to safeguard any children that are at risk. It is about ensuring a system is put in place where decisions are taken that are, at all times, in the best interests of the children. As a number of politicians have pointed out in the past week, Ireland has a sad legacy of failing some of our most vulnerable children and the people of the country are being asked to decide on a constitutional mandate so the best decisions can be made for those children's welfare. This referendum also will copperfasten the State's ability to provide family support and protect children in their home but, in cases of serious parental failure, the State will be able to provide alternative arrangements such as foster care. A further consequence is that this constitutional change will also end the situation whereby children are treated differently when it comes to adoption. Most people will agree that our country's failure to properly recognise children's rights means that we have failed children in a small number of cases. Last year, there were 1,500 confirmed cases of sexual, physical and emotional abuse of children and it is incumbent on the apparatus of State to ensure that everything possible is done to give protection to this vulnerable minority and that all the decisions taken on these children's behalf is aimed at ensuring that their best interests are served. A further consequence of passing the referendum will be that children who have been abandoned will have the right to be adopted, regardless of the marital status of their parents. There is an emerging political party and media consensus on the 'yes' side in this referendum but this has given rise to a concern over voter complacency on 10th November. It was a warning sounded by Navan councillor Anton McCabe this week when he said that some people may think that there is no need to canvass and raise awareness because the referendum will "sail through". He warned that nothing should be taken for granted for the sake of Ireland's children, and that the electorate must ensure that they vote in large numbers in this referendum. Importantly, in this respect, the government is to be commended for choosing to hold the poll on a Saturday, which will at least afford every citizen the best opportunity of casting their ballot. Holding polls during weekdays has been a major bugbear for some groups, notably third-level students who often find themselves away from their home constituencies during the week and unable to exercise their franchise. This move to a Saturday will not only facilitate them but should also boost turnout generally.