Fionn O’Dea
Deputy News Editor
Minister for Children Frances Fitzgerald was among the speakers at an information evening on the upcoming Children’s Referendum, hosted by the Trinity branch of Young Fine Gael on Wednesday in Trinity’s Jonathan Swift Theatre. The evening, also attended by Senator Jillian Van Turnhout and CEO of Children’s Rights Alliance Tanya Ward, comprised of talks by each of the three guests, followed by a Questions and Answers session.
First speaker of the evening, Minister Fitzgerald said that the referendum, if passed could be a ‘statement from this generation to a future generation’ and ‘the most significant point in Irish Human Rights protection since Good Friday Agreement.’ She stressed the importance of a well-informed public, lest people ‘become ambivalent, not vote or vote No.’ She spoke of her hope for a ‘balanced and clear referendum with the best interests of children at heart.’
The Minister rejected the notion that children are already suitably defended by general citizenship protections within the Constitution, claiming that ‘the consensus is that [current defences] are not enough.’ She also drew attention to current shortcomings within the Irish adoption system, slamming a legacy of profit-motivated organisations that has left 6,000 in long term foster care, with 2,000 remaining in such care for over five years. ‘This referendum is about them’ she claimed, ‘it is symbolic as well as practical.’ She also highlighted the inequitable treatment of marital and non-marital children in Irish law.
The Minister was quick to shrug off concerns that a Yes vote would give too much power to the Government, claiming that rather than weaken families, a Yes vote would strengthen familial rights. She claimed that passing the referendum would simply give scope for ‘proportionate intervention, where the child’s safety or welfare is at risk. It’s not about power; it’s about protecting children from abuse and neglect.’
Following the Minister was Senator Van Turnhout who spoke of the journey thus far for Children’s Rights in Ireland. She claimed that it was not a new issue, but rather one fi rst raised in 1976 by then Senator Mary Robinson. Despite Robinson’s ‘call to action’ Ireland’s is a system ‘that systematically failed some of our most vulnerable children’ according to Van Turnhout. ‘This is our recent past. This is today in Irish households.’
The Senator addressed concerns regarding the wording of the proposed amendment to the Constitution: ‘I would like to see it go further, go into certain areas such as a right to identity. Th ere are 50,000 adopted people with no rights no their birth certifi cates, medical history or to trace their identity.’ Despite this, she assured those in atten- dance that the amendment will ensure that children are visible. She asserted that though we are right to be cautious whenever amending the Constitution, this amendment would be ‘every family’s safety net’.
The main change, Van Turnhout told the audience, coming from a Yes vote would be a government power to interfere earlier is cases of abuse or neglect. ‘The amendment doesn’t solve all the ills – no one’s claiming it does. But we can shine a light into every dark place in Ireland and say “Yes. Children have rights.”’
Last to speak on the issue, Tanya Ward pointed out that the referendum is a long time coming, claiming that the issue ‘has been on the cards since twenty years ago.’ Ward claimed that in the time since, the Courts have made the occasional statement regarding Children’s Rights but have expanded little.
She asserted that the wording of the amendment was merely ‘pretty fair and pretty balanced’ but is still ‘our best chance to protect children.’ Much like Van Turnhout, she criticised past instances where children have been failed: ‘We can’t take away what has happened to children in Ireland. At the very least, we can draw a line in the sand.’
She spoke in detail about the case of Baby Ann, the child born to unmarried parents in 2004 who became involved in a lengthy dispute over parenthood after her natural mother attempted to withdraw her consent for adoption before it was fi nalised, as she was entitled to do. Th e case is singled out as a failure for the adoption system in Ireland. According to Ward, ‘nobody had the interests of Baby Ann at heart’, something she indicated could be prevented in the future by a Yes vote.
Both Minister Fitzgerald and Senator Van Turnhout drew attention to the polling date – a Saturday. The Minister said that she hoped that students would make it home to vote in their homeplaces while the Senator pointed out that it was often student organisations that struggle for Saturday polls. Ward, meanwhile, expressed concern that people would take for granted that the referendum would pass.
The Referendum on Children’s Rights will take place on Saturday November 10th.
