Order of Business, 18 January 2012

I join in the sympathies expressed by colleagues. Will the Leader call on the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, to come to the House to address several issues of concern to Members? There is agreement in regard to child protection and adoption, but several outstanding issues are of great concern to me. The first of these relates to the promised referendum on children’s rights. Concern has been expressed by various children’s organisations and in the media that the amendment to the Constitution (children’s referendum) Bill is included under section C of the Government’s legislative programme rather than as a priority Bill under section A. Is this a reflection of a reduced commitment to holding the referendum without delay? I hope the Minister can provide an assurance to the House that the referendum will take place in 2012 and that she will update us and involve us in the thinking and the process to date.

The delay in the construction of the national children’s detention centre is a cause of great concern to me and others in this House. The Government, like its predecessors, is acutely aware that the continued detention of children under the adult regime at St. Patrick’s Institution is one of the State’s most glaring violations of human rights and children’s rights. This goes back to the Whitaker report of 1985; I will not rehearse all that has been said on the subject since. The programme for Government includes a firm commitment to end the practice of sending children to St. Patrick’s Institution. An announcement regarding the promised detention centre was expected in the capital expenditure programme, but I was extremely disappointed to discover it was not included. I understand the situation now is that responsibility for building the detention centre has been passed to the Department of Children and Youth Affairs and that the project must be redrawn in light of current economic circumstances. I wish to ask the Minister for a timeline for the redrawing of the costs of the project and an indication of when the project is expected to be completed. She should inform the House of the interim measures her Department intends to put in place to ensure the boys in question are more suitably accommodated until such time as the national detention centre is operational.

I am also concerned about the proposed new agency to oversee children and family services and how it will be decoupled from the Health Service Executive. I understand plans are being drawn up in this regard; it is important that this House be involved in the development of those plans. The report of the child death review panel was lodged with the Minister before Christmas. Will the Leader ask the Minister to outline the panel’s findings to this House? Instead of doing so at a media launch, the Minister should give us an opportunity to discuss how we can prevent future deaths of children in the care of the State.

Social Welfare Bill 2011 – Committee Stage and Remaining Stages

15th December 2011

I thank Senator Mooney. I am of the view that the Minister’s presence in the Chamber may be influencing the true gentleman’s approach.

This is one of the two sections to which Senator Zappone and I are opposed. As an Independent Senator, it is difficult to deal with the Social Welfare Bill because one’s heart must be ruled by one’s head. I want to oppose all cuts but I feel I must highlight those relating to child benefit and the lone-parent allowance above the others that are being made. I welcome the Government’s decision not to reduce the basic rate of child benefit of €140 for first and second children. I am, however, greatly concerned regarding the decision to cut the rates for third and subsequent children. I am also concerned about the decision to discontinue the once-off grants relating to multiple births.

My objections in respect of this matter are twofold. First, I am concerned that what is proposed will increase the exposure of larger families to poverty. The loss of €19 per month for a third child and €17 per month for the fourth and subsequent children equates to a total loss of €432 per year for a family with four children. On the face of it, this figure might not appear overly disturbing. However, it represents a loss of financial support for larger families. The effect the cut in child benefit will have on the 23% of families in Ireland with three or more children cannot be viewed in isolation. It must, therefore, be considered in conjunction with the cumulative impact of the raft of other cuts made across budget 2012 that have specifically affected families and, more particularly, already vulnerable families on low incomes that are reliant on social welfare. In this regard I refer to the cut to the one-parent family payment and the fuel allowance and the increase in health and education costs.

Recent CSO statistics indicate that among those whose consistent poverty rate rose from 6.3% in 2009 to 9.6% in 2010 were families with three or more children. These statistics also attest to a widening gap between the haves and the have nots in Irish society. I wish to provide some examples in this regard. In addition to the €432 families comprising two parents and four children will incur as a result of the cut to child benefit, those eligible for the back to school clothing and footwear allowance will lose a further €310. This will lead to a total loss of €472 per year. If these families live in rural areas, they will lose €1,612 per year as a result of the cuts to which I refer and the increases in respect of school transport. A family consisting of a lone parent and two children will lose €537 per year as a result of cuts to the back to school clothing and footwear allowance, the fuel allowance and the increase in the minimum contribution towards rent supplement. As already stated, the cut to child benefit cannot be viewed in isolation.

The State is constitutionally obliged to protect the unit of society that is the family. However, there is genuine and growing concern among the organisations which deal with struggling families that these new cuts will push many over the edge into deprivation, poverty and despair and will further compound the misery for those who have already crossed that threshold. Children are the most vulnerable members of any family unit and any hardship visited upon that unit is most acutely felt by them.

On Second Stage the Minister compared the rate of child benefit in this country to that which is paid in Northern Ireland. I remind her that while the rate of payment in the latter jurisdiction is lower, in order to compensate for this the system which obtains there provides a raft of other child-related benefits for those who qualify. I refer to free school meals and transport, a preferential maternity allowance, a national health services allowance, access to the start strong health scheme and the sure start maternity grant. I could also provide examples from France and Sweden — I do not want to take up the House’s time in doing so — in order to show how other jurisdictions offer additional child-related benefits which compensate for lower baseline rates of payment. When making comparisons, we must ensure that we take all aspects into consideration.

The second matter to which I wish to refer is the importance of supporting and encouraging a high birth rate in Ireland. The decision in respect of the once-off payments for multiple births displays a lack of strategic thinking. This is the very time when we need to think outside the box. We need to encourage and support a healthy birth rate in Ireland because this will, in turn, support and sustain economic growth. Ireland is in the enviable position of having the highest birth rate in Europe. In July of this year, it stood at 16.5%. The next highest ranking country is the UK, with a rate of 13%. However, Europe as a whole has an increasingly ageing population. The Oxford Institute for Ageing estimates that within 20 years, Europe’s largest population cohort will comprise those over 65 and that the average age will be 50. An ageing population has significant implications for the labour force, the health service, the education and welfare systems and also in the context of technology and development.

I am of the view that child benefit payments reflect the values of our society. It universally demonstrates that children are cherished and that the Irish public wants to support their well-being. I am not stating that we should provide support through benefit payments. I would be happy if we were to support families through the provision of services. At present, however, we do not provide support in this way. As a result, removing the payment is not acceptable.

There is a collective responsibility in respect of this matter. In an economic context, children are what might be termed “merit good”. In other words, they have value to others beyond their families. As future taxpayers and workers, their contributions will assist in the payment of State pensions. Mr. Frank Field, a British MP, is credited with saying “I may not have children but I need someone to have them if my pension is going to be paid”. The State must send out a signal to the effect that it supports and encourages childbirth. The children of today are essential to our future economic recovery. I, therefore, urge my colleagues to oppose section 8. Cutting child benefit and discontinuing once-off grants in the case of infrequent multiple births is not the way forward.

Address by Dr. Mary Robinson

24th November 2012

On behalf of the Independent group of Taoiseach’s nominees, I warmly welcome Dr. Robinson back to Seanad Éireann and congratulate her on her truly formidable career to date. I thank her so much for her inspiration. She has clearly articulated and illustrated to us the tremendous role she has played as a human rights activist. I commend her particularly for her steadfast and committed work in the fields of human rights, justice and equality, both in Ireland and internationally. In 1999, when she was United Nations High Commissioner for Human Rights, she articulated her understanding of the aim of human rights as follows:

To push beyond standard-setting and asserting human rights to make those standards a living reality for people everywhere … to move beyond the design and drawing-board phase, to move beyond thinking and talking about the foundation stones, to laying those foundation stones, inch by inch, together.

She was true to this understanding of human rights long before her appointment as UN High Commissioner for Human Rights. During her 20 years as a Senator she was a human rights activist in the truest sense. She was never afraid to engage with difficult and controversial issues. Her vocal opposition and active campaigning on different issues have been instrumental in shaping the Ireland we, as Irish women, live in today. In her campaign to eliminate discrimination against women she was a key player in improving the living reality for women in Irish society. Many of the present generation of Irish women entering into employment in the Civil Service are blissfully unaware that until as recently as 1973 they would have been legally obliged to leave their employment upon marriage. It is equally difficult to comprehend that it was not until 1975 that women were deemed eligible for jury service.

There have undeniably been advances in the promotion of gender equality in recent years. However, considering the fact that there have been only 86 female Senators since the first Seanad, as Dr. Robinson said, there is room for improvement. To share my own memories, almost 20 years ago I attended a training course of the World Association of Girl Guides and Girl Scouts in Mexico on the diversity of women in our cultures and how we could achieve leadership. At the time Dr. Robinson was President of Ireland and I can tell her she clearly inspired so many women from around the world, both at the time and afterwards. In fact, I admire her because she has never deviated from her principles, irrespective of the high level political positions she has held. Like my colleagues, I would be interested to hear her opinions. If she were a Member of the 24th Seanad, on what issues would she focus?

As the outgoing chief executive of the Children’s Rights Alliance, I have been campaigning for many years to strengthen children’s rights in the Constitution. In 1976 Dr. Robinson was, in fact, the first public representative to recognise the need to insert some changes in the Constitution to safeguard the welfare of children. During the Seanad debate on the Adoption Bill 1976 she expressed her disappointment that a constitutional amendment on adoption would only paper over some of the defects and consequently fail to deliver a broad-based reform of the law in line with the charter on children’s rights. While it is beyond disappointing that in the subsequent 35 years we have not managed to ensure children’s rights are upheld in the Constitution, we have arrived at a unique juncture at which there is consensus across the Houses on the need to strengthen children’s rights in the Constitution and we have an assurance from the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, that a referendum will be held in 2012. This action is necessary to positively change the living reality for children in Ireland. I ask Dr. Robinson for any advice she might give us on how we can get over the line in this referendum.

I wonder whether Dr. Robinson would share with us her thinking on how best to implement and breathe life into the human rights recommendations made to Ireland during the universal periodic review in Geneva in October.

Community and Voluntary Sector – Statements, Questions and Answers

9th November 2011

I wholeheartedly agree with what Senator Zappone said and will not duplicate it. I cite the exemplar, which I believe goes across the board, of the scheme to support national organisations in the community and voluntary sector. We all appreciate that we are in a time of cuts. However, to try to meet the shortfall created by those cuts, organisations are approaching many Departments or statutory agencies such as the HSE. This year far more organisations received grants from this scheme, which disproportionately affected those national organisations for which this is the sole or core funding they receive from the State. That needs to be reviewed within the Department of the Environment, Community and Local Government and also in the wider scheme of funding community and voluntary organisations.

In the Dáil on 16 June the Minister highlighted the need to eliminate duplication, with which I agree. However, we also need to be careful about the gaping holes being created by the funding crisis as we force organisations to move from place to place looking to fill that vacuum of a non-consistent funding policy. We have an opportunity to put in the building blocks consistent with the vision we want for the country in the years ahead. A few years ago the previous Government in a very courageous move dropped the €1,000 early child-care supplement and introduced the free pre-school year. It considered impact and outcomes for children. It was universal with no top-up facility and has a 98% uptake rate. It saves money for the State and has improved outcomes for children. Those are the types of initiatives we should consider for this sector.

Missing Children Hotline

12th October 2011

I thank the Minister for coming before the House and accepting the motion. I also thank her for the detailed statement. I wanted to hear that the hotline would go into operation without delay but I accept the Minister’s integrity and the proposals laid before us.

I welcome that and I will obviously monitor it.

As the Minister said, this dates back to a decision of the European Commission in February 2007 requiring member states to reserve a six digit number range starting with 116 for the harmonisation of access to services of social value in the European Union. This decision was based on reason and pragmatism, which I fully commend.
This line is critical for the parent of a missing child and for a child who is scared and vulnerable having run away from home or for a person who finds himself or herself outside his or her home country and is in dire need of help having been smuggled or trafficked into Ireland. It is also critical for someone who has been abducted by perhaps one of their own parents to know there is a number he or she can call day or night to find assistance, support and guidance.

This was the rationale behind the European 116000 missing children hotline. It was part the EU strategy on the rights of the child, which recognises that every missing child is, as the Minister said, a tragedy and that member states have not only a legal obligation but a moral one to implement whatever measures are necessary to prevent such tragedies.

The service is currently operating in 16 EU member states. A parent, guardian, professional, concerned member of the public or child who lives in Belgium, Denmark, Estonia, France, Germany, Greece, Hungry, Italy, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Spain and the United Kingdom can call this missing children hotline on a 24-hour basis.

The value of the missing children hotline, in particular in the context of increasing cases of cross-border child disappearances, is exemplified by a recent cross-border parental abduction case. In Belgium, a father took his daughters aged seven, ten and 14 and hid them for nine and a half months in very poor and dangerous conditions. In September 2008, following a request from the Belgian and Portuguese missing children hotlines, the evening news on Portuguese television opened with an appeal for information about these missing children and concluded by showing the 116000 missing children hotline number on screen. Minutes after the broadcast, the case was resolved. That is the power of this line. This shows the real and urgent need to establish a systematic exchange of information, standardised operational procedures and increased cross-border co-operation to resolve cross-border cases of missing children in the EU.

It is a sad indictment of the priority afforded to the safety and well-being of children in the EU that there are still 11 member states in which the missing children hotline is still not operational. European Commission Vice President and Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, recently commentated that:

It is hard to come to terms with the fact that measures that could help are not yet fully operational across the Union. It would be a double tragedy to imagine a missing child trying to call the 116000 hotline only to hear an answering machine playing a prerecorded message announcing that the service will be operational in 2012.
Unfortunately, this has been the case in Ireland.

When preparing for today’s debate, I decided to dial 116000 and I got the following message:

We are sorry but we cannot connect your call because the number you have dialled is not in service. Please check the number you have dialled and try again.

What about those children from the 16 member states who are aware of this line? We have a border with the United Kingdom but what happens if children from the United Kingdom are here and they telephone that number and get that message?

It was against that backdrop and following the interventions of a number of Senators, notably, Senators Daly and Quinn, that I worked over the summer to co-ordinate and seek the approval of my fellow Senators for their support for this motion. As Senator Leyden said, the Seanad is about us working together and not just raising issues but seeing how we can make a difference and put things in place.

The Minister mentioned the situation of runaways and children in the care of the State. This line has been proved in other EU member states to be a safe contact point for these missing children to be able to telephone. They do not wish to telephone the Garda or the HSE. By using this line, perhaps we could save resources for the Garda and the HSE and know a child is safe and try to reconcile the difficulties.

The Minister said that five missing children was too many but I was disappointed when she updated us on the situation in regard to unaccompanied minors. She informed us that 11 of those children from 2010 are still missing. For me a child is a child and his or her status is of secondary importance. For me, there are 16 children from 2010 still missing and cases are still open. That is the accurate figure.

The Minister outlined the importance of the statutory agencies working together. They are doing some invaluable work but the line for me is about children and parents having easy access to those services and to give them a voice.

The Minister mentioned that ComReg has advertised the line four times but there have been no applications. I should note that a non-governmental organisation has submitted two funding proposals over the past few years to Government seeking funding in order to be able to apply for the line.

I very much welcome the Minister’s announcement that the Cabinet gave her memorandum time, that it will be put into operation and that the Departments of Justice and Equality and Children and Youth Affairs, the Garda and ComReg will work together on a project team. I urge her to follow the lead of 13 of the 16 member states in which the service is operational by assigning the number to a member of Missing Children Europe because it has built up the links and the contact points.

I noted my colleague, Senator Henry, spoke about cost-effectiveness but we also need to ensure there are minimum quality standards and a practical guide for hotline providers to ensure the hotlines operating throughout Europe are run professionally, efficiently and effectively and meet the European standards for best practice for service requirements.

The Seanad will not go away. People may talk about its abolition but we will monitor this to ensure it is implemented in full. We will work with the Minister to do what we can. We want to see that Ireland moves from being good on paper when it comes to the rights of the child to being good in operation and implementation and that we uphold those rights.

Senator van Turnhout Regrets No Commencement Date for 116 000 Missing Children Hotline

Press Release
12/10/2011: For Immediate Release.

Senator van Turnhout Regrets no Commencement Date for 116 000 Missing Children Hotline

Following a Seanad motion initiated by Senator Jillian van Turnhout, the Minister for Children and Youth Affairs, Frances Fitzgerald TD, today announced a commitment from her Department and the Department of Justice and Equality to support the establishment of the long awaited 116 000 Missing Children Hotline. The motion, which received support from all parties and groups within the Seanad, pressed the Government for clarification as to why the Irish branch of the 116 000 Hotline had not yet been made operational.

In response to the Minister’s announcement, Senator van Turnhout said: “While I welcome Minister Fitzgerald’s expression of a commitment to the 116 000 Hotline in 2012, I must express my disappointment that the announcement was not that the Hotline would be established without delay. I truly believe this service is one of vital importance, not only in terms of raising the alarm about missing children but also as a support to the families of missing children, and indeed to missing children themselves. Consequently this further delay must be met with some regret.” Despite the cross party support for the motion, it has taken four years of campaigning to arrive at this announcement.

“While I am saddened that the announcement did not go further, I am encouraged that we in the Seanad could help bring attention to this issue, and to the tireless campaigning done by the ISPCC and other NGOs that has led to this announcement,” Senator van Turnhout said today. “However,” the Senator continue, “I feel it is essential that ComReg assigns a suitable service provider as soon as possible. Furthermore, I would strongly encourage ComReg to follow the lead of 13 of the 16 EU Member States in which the service is operated by members of Missing Children Europe. Who, in conjunction with Daphne, have developed the Minimum Quality Standard Framework within “A Practical Guide for Hotline Providers” to ensure that Missing Children Hotlines throughout Europe are run professionally, efficiently, and effectively and meet European standards of best practice for service users.” The Senator concluded by calling on the Department of Children and Youth Affairs to engage effectively and regularly with which ever service provider is assigned the Missing Children Hotline number and to ensure that the service is operating at its full potential without further delay.”

The 116 000 Missing Children Hotline is currently operational in 16 European Union Member States, and aims to provide assistance to families of missing children, particularly those facing a language barrier when dealing with local authorities, by providing a single point of contact whether at home or abroad.

-Ends-
For more information, please contact:
Senator Jillian van Turnhout Leader of the Independent Group (Taoiseach Nominees)
Phone: 01-6183375
e-mail: jillian.vanturnhout@oireachtas.ie

Notes to editor:
• The motion was presented to the Seanad on 12/10/2011.
• On the 15th of February 2007, the European Commission reserved the 116 000 phone number in all EU member states as a common number for emergency action whenever a child goes missing.
• The hotline is currently operational in 16 EU Member States: Belgium, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Spain and the United Kingdom.
• In the Seanad today Senator van Turnhout cited the case of a group of Belgian children who were taken and hidden by their father in very poor and dangerous conditions. Following a request from the Belgian and Portuguese 116000 Missing Children Hotlines, the Portuguese evening news broadcast an appeal for information which concluded by showing 116 000 Missing Children Hotline number on screen. Minutes after the broadcast, the case was resolved.
• General information on the 116 000 Missing Children Hotline can be found at: http://www.hotline116000.eu/

Address by President of the Irish Human Rights Commission

28th September 2011

I thank Dr. Manning for a very informative and enlightening address. I am strongly committed to the promotion and protection of human rights in Ireland, particularly children’s rights. I note that today is the 19th anniversary of Ireland’s ratification of the UN Convention on the Rights of the Child – I am calling it national children’s day.

I wish to focus on commending all the national NGOs, civil society organisations and relevant stakeholders for their contributions to the UPR process. I would particularly like to congratulate the UPR cross-sectoral steering group for its innovative and inclusive national consultation process, which I believe is the model of best practice for NGO consultation and could be shared with others, particularly developing countries, after the report. I note also the act of engagement by the Department of Justice and Equality.
I wish to ask Dr. Manning the value of establishing a Department of Justice and Equality NGO standing committee, akin to the Department of Foreign Affairs NGO standing committee which was established in 1997, in order to provide a formal framework for a regular exchange of views between the Department and the NGO-civil society community on the follow-up and implementation of the UPR recommendations in Ireland over the next four years.

Innovation at the Heart of the Jobs Challenge – Statements

14th September 2011

I thank the Minister for joining us today. He might be wondering what I, as a children’s rights advocate, have to say about jobs. For more than 15 years I worked for a small and medium-sized enterprise, through the good times and bad times. As I dealt with making staff redundant and dealt with transfer of undertakings to a UK entity, I understand the sleepless nights that people are going through. I very much welcome the commitments the Minister made today about driving down costs for businesses, increasing the access to credit and the need for regulatory reform. I also appreciate his understanding of the situation for young people because according to the National Youth Council of Ireland, Ireland has the second highest rate of youth unemployment in western Europe, with one in three young men unemployed, which represents a trebling of the figure since 2008.

Senator Cummins asked us to keep our comments for today short. I have one question and one proposal for the Minister. My question is very topical as it relates to the junior certificate examination results. I know there has been a focus on mathematics, and in doing so I take the opportunity to congratulate my nephew who got an A in his honours mathematics paper and who single-handedly may have contributed to the upward trend. However, people have not focused on foreign languages. Some 12% failed ordinary level French, 8% failed ordinary level Spanish and 7.5% failed ordinary level German. Poor foreign language capacity will hinder job creation, especially in the emerging export-led markets and with the changing demand for the global economy, the focus having shifted towards Asia and the consequent need for graduates with, for example, Mandarin. Only one secondary school in Ireland teaches Mandarin as a foreign language subject. I ask the Minister to clarify the role he will play regarding education and whether we will actually join the dots.

I was very encouraged by what the Minister had to say about us needing to add to our exports and we need to put a foot on that export ladder. In preparation for today’s debate I talked to representatives of a number of companies and I will now make what I believe to be an innovative proposal. I will give credit for this to a home-grown entrepreneur, Colm Lyons, of Realex Payments. Irish businesses need to get established in overseas markets, which can sometimes be achieved online, but more often it requires staff to relocate to set up offices. This can often take from 18 to 36 months. During this time local staff are typically recruiting others to train, after which they go back to the head office. Realex has asked several staff to move and while some have moved, many are concerned about the general state of things here and want to remain in their job in Ireland. The proposal is to have a scheme for Irish staff working abroad whereby if a staff member is assigned to grow the business in an overseas market, the company could accrue a bonus for the staff member that is paid tax free when the assignment is completed. It could be controlled, for example, by Enterprise Ireland, which would approve the company, the role and the individual against certain criteria. I believe this scheme would act as a great incentive for staff to be based abroad for a certain period of time and thus accelerate the growth of Irish businesses overseas. I ask the Minister to give the proposal serious consideration.

I conclude by going back to my children’s rights background. Research in the UK and US has found a negative impact of parental unemployment on children and young people. For example, young people living in a workless household are more likely to have poor educational outcomes, including increased incidence of truancy and early school leaving. Therefore I believe the Minister’s brief includes children’s rights and I will be doing what I can to support his work.