Gender Recognition Bill 2014: Second Stage 21 January 2015

I very much welcome the Bill but note that Ireland has lagged behind. There are issues that concern me. Subject to the time limitations in this Second Stage debate, I will confine my intervention to three main areas of concern to me, arising out of this Bill. I say “of concern to me,” but that is not strictly true; my life will not be directly impacted by the legislation we will bring forward as a result of this process. Rather, these are deeply felt concerns of the transgender community itself, which were articulated to me by transgender young people and adults and, more generally, by transgender activists – for example, at the public hearings of the Joint Committee on Education and Social Protection in October 2013. These are the voices to which we need to listen most carefully. Nobody is better placed to know what is best, more appropriate and most just in respect of the lived reality of transgender people’s lives than transgender people themselves. In that regard, I welcome our visitors to the Visitors’ Gallery. Part of me wishes we were switching who is actually debating this Bill and who is listening to this debate. I am sure some of my colleagues would share that wish.

In researching this area, I was most impressed with the Maltese approach to this issue. It has yet to be finalised but it is taking a very people-centred, lived-lives approach whereby the major focus of consultation is with the transgender community itself in developing the legislation. I was also very interested to learn that in Malta there is no requirement to register a baby’s gender at birth, nor is a gender disclosure required in applying to schools.

I want compliment TENi, the Transgender Equality Network Ireland, Amnesty International, FLAC, and, particularly, my colleague Senator Zappone. We have been extremely well briefed on the issues before us. I have listened to the interventions and I really support what all my colleagues have said, so I really hope we can do good work on Committee Stage.

The issues about which I have concerns include the single status requirement as a precondition for gender recognition and its implications for transgender people, happily married or in a civil partnership – my colleagues have explored that issue – and the current medical criteria, which medicalise and pathologise gender identity and act as a barrier to gender recognition through an unnecessarily onerous process and which actually fail to meet the standard as laid out in the Yogyakarta principles that such procedures should be efficient, fair and non-discriminatory and respect the dignity and privacy of the person concerned. I do not understand why we need to put these very unnecessary and onerous hoops in place.

The third area of concern to me – several colleagues from across the House have mentioned this issue, so I hope we can make progress on this issue – relates specifically to young transgender people. On this point, I believe we have serious work to do in upholding and respecting our international human rights obligations to children under the UN Convention on the Rights of the Child. Article 2 relates to non-discrimination, Article 3 relates to the best interests of the child, Article 6 relates to the right to life survival and development of the child, and Article 12 relates to the voice of the child and the protection of privacy. The UN convention speaks to me so much about many of the issues raised with me by those in the transgender community.

In this Bill, no account whatsoever has been given to inter-sex youths. There is no process for them to have their preferred gender identified. Furthermore, there is no legal protection for transgender children under the age of 16. We can think of cases where people are not in agreement, but what about situations where everyone is in agreement and where the six-year-old boy has clearly articulated his gender identity and his parents, friends and family all agree on his gender identity? As is the case at the moment, is this young child really going to be forced to go through a girls’ school wearing a girl’s uniform in order for him to access education available in his locality? Whose best interest are we serving? Surely, in this Bill, we could do something for that young person. In this Bill, we are saying we will bring in the process at 16 years. I would not advise anybody to go through that medicalised process. I do not understand it and I do not see why we are doing it. If one applies for a college place, one’s gender identity is assigned to one. We have to go further.

We have an opportunity here to bring in a law. We are probably talking about a handful of young people, but we can go further, which I will explore more on Committee Stage. As said by my colleague Senator Hayden, and as Sam Blanckensee said earlier, this goes beyond birth certificates. This is about real lives and it has a real impact, and we can do more in this House.

 

Statements on Direct Provision 22 January 2015

I hope the Minister of State has a little bit of latitude given the lack of Members in the House. We are approaching the 15th anniversary of the system of direct provision, a system that places asylum seekers apart and away from the community in conditions described by some as warehousing and others, who have made their way out, as open prisons. Therefore, it is not an anniversary that any of us here are celebrating. I welcome the Minister of State’s willingness to come to the House and debate the issue and his statements on the issue.

 

The significant length of time that asylum seekers and their children may have to stay in direct provision centres is something that I have raised consistently in this House along with many of my colleagues, most recently in the context of the Immigration (Reform) (Regularisation of Residency Status) Bill, initiated by my colleague, Senator David Norris, and I in October 2014. While we were not successful in our endeavour since our efforts on that date, I note that the Irish Refugee Council and Doras Luimní have published a joint proposal for a one-off scheme to clear the existing and significant asylum backlog, and I am happy to support that initiative.

 

There have been some welcome developments in recent months such as the assurances from the Minister for Justice and Equality that the International Protection Bill will be published by the end of January. I am sure the Minister of State is confident of the input and expertise he can expect from this House in shaping the most robust, fair, accountable and transparent system for protection status determination as possible.

 

I also very much welcome the appointment of the working group to examine improvements in the protection process and direct provision system, and it is on its work that I will focus. I noted with concern when reading the terms of the working group that the first proviso for the recommendations for improvements to be brought forward by the group states that “in light of the budgetary realities, the overall cost of the protection system to the taxpayer is reduced or the remains within or close to current levels”. The current system of direct provision is rampant with human rights breaches. While I do not need to remind the Minister of State, I would remind the Government of the position maintained by the international human rights fora that a state’s obligation towards the promotion and protection of human rights is not diminished by economic and financial crisis.

 

Like many, I eagerly await the recommendations of each of the three thematic groups, but I would be particularly interested to see the outcome from the theme two Group, which will deal with improved supports. There are a number of issues which I have raised repeatedly. One is access to education opportunities. I have long decried the fact that with no current prospects for post-secondary education, we are effectively hitting the pause button on young asylum seekers’ lives. I meet them all too often and see that the light has gone out because there is no hope for them within that system. Another issue is access to the labour market. Ireland is the only country in Europe not to have signed up to the Recast Receptions Conditions Directive. I have yet to be presented with convincing evidence of the pull factor so desperately feared with respect to allowing asylum seekers access the labour market, but I have spoken to enough individuals trapped in the asylum system who have spoken of the devastating impact of enforced and prolonged idleness on their family dynamics, self-esteem and mental health to know that the human price paid is far higher than the cost of this so-called pull factor. There is scope to increase the weekly allowance paid to residents and children, which has not increased in 15 years, and with no entitlement to discretionary social protection supports, in effect we see many living in poverty and not being able to have the same, or even near the same, opportunities as other children. We hear it from teachers in primary schools that are accommodating children from the direct provision system.

 

A feature of the issues that will be dealt with by the theme one group, and I still cannot understand why we cannot do something about this within a matter of days or weeks, is the putting in place of a complaints process available to residents. I am baffled and utterly disappointed there is still no independent complaints mechanism in place. The Minister of State mentioned the judgment from Mr Justice Colm Mac Eochaidh where he found that the Reception and Integration Agency’s complaints procedure was not sufficiently independent due to the fact that the RIA is the final arbitrator in the process. I have tried to put myself in their position, and I trust the system, but bearing in mind that there is nobody independent in place, I would find it very difficult if I was put in their position to trust that system without the willingness to have an independent complaints mechanism. For example, the Child and Family Agency Act 2013, includes a provision in section 69 for referral of complaints to the Ombudsman for Children’s office. We all trust in the State but Child and Family Agency still has an independent complaints mechanism. In 2012, the Minister for Justice and Equality was able, by way of ministerial order or statutory instrument, to give effect to a decision to extend the remit of complaints for children in prisons. That was done literally overnight. I know there was a lot of preparation work beforehand, but it was able to be done to ensure that the Ombudsman for Children could take complaints from children in St. Patrick’s Institution. Since then, complaints have been made, but it is nowhere near opening the floodgates, which was the argument used. It has not happened in the case of St. Patrick’s. It is the final arbiter, so I ask why it is not in place. I find it unacceptable that the RIA says it will be the final arbiter of its own work.

 

Another matter under theme one about which I have a concern is catering facilities in direct provision centres. In so far as I understand, direct provision centres were originally self-catering – or at least, self-catering step-down facilities were provided in order to prepare successful asylum seekers for independent living. These facilities have effectively been closed over the years. Is self-catering regarded as a pull factor? Is it a deliberate policy of the RIA to close these self-catering units? The official line from RIA is that the policy is supported by the value-for-money report carried out in 2010 and that it was done purely based on economic considerations. I do not accept this, because the value-for-money report did not consider the health and social inclusion costs for asylum seekers – their physical, mental and psychological health. I refer to Dr. Bernard Ruane, who spoke to colleagues at the Irish Medical Organisation conference in 2008. Dr. Ruane said there was a 90% rate of depression among asylum seekers who have been here for six months. He identified their cramped living conditions and the prohibition on working as factors contributing to their depression. We must be mindful of this point.

 

The Minister of State will know that I could say so much more on this topic. With regard to child protection concerns, I implore the Minister of State to be cognisant of the findings of Dr. Carol Coulter and team’s second interim report on the child care law reporting project. She found that social exclusion, poverty, isolation and disability were common features among the mothers and fathers facing court proceedings, and there is an acknowledgement that minority groups, including asylum seekers, are thus particularly vulnerable. This concern is supported because in one in four cases she examined at least one parent was either a member of an ethnic minority, an asylum seeker or a member of the Traveller community. This prevalence is evident. I ask the Minister of State why we are not seeing more action from the National Action Plan Against Racism. It seems as though the plan has been shelved.

I would like to say a lot more, but those are my points for now. I ask why we cannot do something now about the complaints mechanism.

Adoption (Identity and Information) Bill 2014: Second Stage 19 November 2014

Welcome Minister.

Welcome visitors to the gallery.

I wish to thank Senator Averil Power for her tremendous work initiating the Bill and to Senator Fidelma Healy Eames for joining with us in bringing it forward.

A special thanks to Dr Fergus Ryan, law lecturer who drafted the Bill.

Thank you to so many of my colleagues who have spoken with me over the past two weeks and shared their stories and why they support this Bill.

I feel very strongly about the Bill and it is a real honour to second it in the House today.

There are a number of salient parts to the Bill, which my colleague Senator Power has already outlined and you will also hear shortly from Senator Healy Eames, who brings to the process her experience as an adoptive parent.

My intervention will focus on a critical component which is all too readily brushed aside diminished or dismissed… this is the right to identity.

In 1976, Alex Haley, author of Roots, articulated what so many adopted people in Ireland have described to me over the years, when he said “In all of us, there is a hunger, marrow-deep, to know our heritage, to know who we are and where we have come from.  Without this enriching knowledge, there is a hollow yearning . . . and the most disquieting loneliness.”

The right to know who you are is so fundamental, so necessary and so basic. Its absence can be a source of considerable pain and anguish. Its absence, where the necessary information exists but is being withheld, can leave people with a feeling of deep injury and injustice.

By focusing on the right to identity I in no way wish to undermine or diminish the identity that an adopted person has developed in their life with their adopted parents and families.

There are many adopted people who have no desire whatsoever to access their birth information.

However, there are many for whom the information is a burning need.

I have spoken in this House on several occasions about forced and illegal adoption.  All too often we have cloaked adoption in secrecy and as a society we have been complicit in supressing women, their children and their respective rights.

A startling figure by Claire McGettrick of the Adoptions Rights Alliance that in 1967, a staggering 96.95% of all children born outside marriage were adopted, typifies this.

We cannot allow our shameful past or fear that further shames may be exposed justify the perpetuation of a shameful practice against at least 50,000 people in Ireland. And yet we do?

This is why the Bill is so necessary, so important and indeed so overdue.

We need to fundamentally reconsider how we approach adoption in Ireland. Our current system of closed adoptions, which automatically extinguishes a child’s and then adult’s right to their identity, will ideally be changed to an open system where biological and adoptive families have access to varying degrees of each other’s personal information and have an option of contact from the outset.

In the meantime, this Bill will ensure, however retrospectively, the adopted person’s right to identity.

We are here on the eve of the 25th Anniversary of the UN Convention on the Rights of the Child.  How fitting it will be if we can give life to the Convention’s express recognition of a child’s right to know and preserve his or her identity

This has been the law in Scotland since 1930 and in England and Wales since the mid-70s with no dire consequences or legal wrangling over rights to privacy.

According to the Supreme Court in I’OT v B, an adoptee’s right to their identity is not absolute and is subject, in particular, to the right to privacy of the natural parent. However, it also pointed out that the right to privacy does not automatically trump the right to identity. The court stated that the two rights must be balanced against each other. It is clear from Supreme Court decisions such as Tuohy v Courtney [1994] 3 IR 1 that the precise balance to be struck is a matter for the Oireachtas to determine. This bill achieves that balance in a way that is sensitive to the needs of all parties.

We must let in the light; we must start now in a new era of openness and understanding.  We should not stand in judgement and I believe that this Bill strikes the balance, mooted by the Supreme Court, as longed for by many adopted people, their families and their friends.

Let’s do this. Let’s do this now.

Protecting Childhood: Motion on the Marriage Age

Wednesday, 25th June 2014

“That Seanad Éireann:

– notes the need to ensure adequate protection of children and of children’s rights in our laws, and in particular to ensure that children are not coerced or forced into ‘arranged’ marriages;
– notes that sections 31 and 33 of the Family Law Act 1995 allow exemptions from the normal rule that parties to a legal marriage must be over 18; and that the possibility of seeking this exemption by way of court order was retained in section 2(2) of the Civil Registration Act 2004;
– notes further that this exemption was criticised by the High Court in a judgment in June 2013 in a case concerning an ‘arranged’ marriage; and
– proposes that the Government would consider whether to remove or amend the statutory provision allowing minors to marry on the basis of a court exemption.”

Senator Jillian van Turnhout:

I welcome the Minister of State to the House. I would like to thank Senator Bacik, who like me has worked on this issue, for initiating the motion before us. I am very happy to second the motion and thank her for her co-operation.

I raised this issue back in May during the Seanad debate on the abducted schoolgirls in Nigeria that Boko Haram had threatened to sell into forced marriage. Like many people, I felt helpless looking on at the situation and it made me wonder if there was anything we could do. For me, this is one area that we can do something about. We can send the clear message that the age for marriage is 18. That is something that we must take responsibility for doing. During the debate I made the worrying correlation between Nigeria and Ireland because, in certain court ordered special circumstances, exemptions to the ordinary legal age for marriage of 18 years can be made. That means Ireland does not currently prohibit all child marriages.

It is important to note that Ireland is bound by a number of international human rights laws and standards, the provisions of which are profoundly incompatible with child marriage, for example, the International Bill of Human Rights, the UN Convention on the Rights of the Child, CEDAW, the Supplementary Convention on the Abolition of Slavery, the slave trade, and institutions and practices similar to slavery.

In September 2013, Ireland, with its fellow EU member states, supported the United Nations Human Rights Council resolution, Strengthening Efforts to Prevent and Eliminate Child, Early and Forced Marriage: challenges, achievements, best practice, and implementation gaps. The European Union as a negotiating block at the international fora condemns the prevalence of child marriages yet makes provision for it in a number of its own jurisdictions, for example, in Germany and Italy. In Germany, if one of the parties to be wed is at least 16 years old, but not yet 18 years old, the German age of emancipation, that party needs to seek approval from the family court in order to be wed. Consent of the concerned party’s parents is not sufficient. In Italy, a sworn statement of consent to the marriage is required by the parents or legal guardian if the child is under the age of 18.

Exploitation of young girls through violence and abuse, including forced and arranged marriages, is a global problem. According to Girls not Brides, every year, approximately 14 million girls are married before they turn 18 across countries, cultures and religions. They are robbed of their childhood and denied their rights to health, education and security. According to UNFPA, by 2030, the number of child brides marrying each year will have grown from 14.2 million in 2010 to 15.1 million, a 14% rise if the current trend continue.

In March 2014, the Iraqi Justice Minister tabled a Bill to allow girls as young as nine years old to marry. While reports have indicated that it is unlikely that the law will pass, it represents a worrying trend toward religious tendencies usurping girls’ human rights. In response to the Bill, prominent Iraqi human rights activist Hana Adwar said: “The law represents a crime against humanity and childhood. Married underage girls are subjected to physical and psychological suffering.” This contention is known to be true. The more than 60 million girls married under the age of 18 worldwide have a higher risk of death and injury during childbirth, fewer marketable skills, lower lifetime income, a higher rate of HIV, exposure to domestic violence, and illness for themselves and their families than their unwed peers.

It is inappropriate and, frankly, contradictory that we in Ireland speak out against child marriage in countries such as India, Nigeria, Malawi, Iraq, Nepal, Ethiopia and Bangladesh while our Statute Book still allows for exemptions to the normal marriage age, and fails to specify a minimum age for such exemptions. As outlined by Senator Ivana Bacik in 2012, some 28 marriages were registered under the exemption. As stated by the Senator, the exemption threshold is very broad and it uses standard language giving the court wide discretion. This means that decisions pertaining to allowing children to marry are made behind closed doors, often subject to the in camera rule since the parties to the application are children. Yet, from the moment they are married, they become adults and are outside all the child protection laws. We never hear about those decisions and those vulnerable children. In this regard, the Family Law Reporting Project has come across many of these cases, and may be able to shine a light on the prevalence and general circumstances in which they occur.

There is no written judgment in the High Court case referenced in this motion. The case concerns the annulment of a 16 year old girl’s marriage to a 29 year old man on the basis of the girl’s lack of capacity to give true consent. How can a 16 year old girl give consent to a marriage to a 29 year old man? I am not speaking of a case in Iraq but in Ireland. This happened in Ireland. However, Mr. Justice MacMenamin felt the case raised concerns of such a magnitude that it warranted his making a general comment about the danger of the legal loophole to children. We are faced with a choice. As the Legislature, we must provide guidance for the courts to implement the statutory provisions as intended or, and this would be my preference, we can lead by example and remove or amend the statutory provision currently allowing minors to marry. I believe Ireland should send a clear signal to children here that we protect childhood and that the age for marriage is 18 years. We have had excellent debates here on protecting childhood. We are talking about consent, the age for which should be set at 18 years. That would mean that Ireland, as part of the European Union as a negotiating block, is not saying that it can understand cultural differences and our courts can adjudicate, but we do not trust the courts in other countries. We need to send out a message that we are setting the age at 18 years without exemption.

Link to full debate here.

Address to Seanad Éireann by Ms Catherine McGuinness on Children’s Rights in Ireland

Thursday, 19th June 2014

“I welcome Judge Catherine McGuinness. It was a joy to listen to her, but her words have provided us with a stark reminder and challenged us in this House for work ahead. I note her work on the Children’s Rights Alliance Report Card, and she rightly pointed to the work of Tanya Ward, Maria Corbett and all the team at the Children’s Rights Alliance. She also pointed to work of the member organisations of the Children’s Rights Alliance which come together to provide evidence and put together the Report Card. I am delighted to welcome representatives of many of them to the Gallery. In fact, we could not fit them all in, so there are people in the wings waiting and listening. I could use up all my time listing every organisation, but I want to focus on some current issues. I want also to note the work being done by the Special Rapporteur on Child Protection, Geoffrey Shannon, and his annual report. His report and that of the Children’s Rights Alliance provide an invaluable tool for me as a legislator and policymaker. It is good to see that the state supports these initiatives.

The programme for Government 2011 to 2016 set out an ambitious reform agenda for children and family services. Senator Bacik has listed many of the things that have been accomplished since then. Equally, there are areas of concern that impact on the daily lives of children and we need to shine a light on those. As I am sure Ms McGuinness and my colleagues in this House will know, I am strongly committed to pursuing the gamut of children’s rights through my “senatorship”. We have had in this Senate excellent debates on children’s rights, most recently on beauty pageants and protecting childhood. In the autumn, we had a interesting debate on direct provision and valuing youth work. They were really good, informative debates and I pay tribute to my colleagues.

Other speakers have mentioned survivors. When I have met survivors over the years – we were campaigning before the children’s rights referendum became a reality – many said to me that the real testament would be to see children’s rights articulated in the Constitution of Ireland. Chief among the advancements that we have made was the passage of the children’s rights referendum on 10 November 2012. Unfortunately, the enactment of the amendment Bill, the will of Irish people, has been subject to lengthy postponement pending finalisation of the second part of a legal challenge by Mr. Justice McDermott in the High Court before a full appeal can proceed to the Supreme Court. The delay in the legal process is a source of frustration when I think of the body of legislation that has been passed since November 2011 that could have benefited from a constitutionally recognised best interests of the child principle. I also feel sadness when I think of the number of children of married parents, many of whom have spent the vast majority of their childhoods in the care system, who have now turned 18 since we voted as the people of Ireland and are eligible for adoption. Their rights have been expunged. It is my sincere hope that priority is given to the delivery of the judgment in the High Court, that the challenge will be given priority listing in the Supreme Court and that it is ruled upon as expediently as possible.

While Ms McGuinness is before us, I want to address two specific issues that are facing children today and seek her guidance. Chapter 5.4 of the Children’s Rights Alliance Report Card looks at children in detention. It states that, according to a communication that the alliance received from the Department of Children and Youth Affairs, 103 young people were detained on remand in 2013 for 138 different periods ranging from one day to several months. We have to bear in mind that a young person may be remanded more than once pending the outcome of proceedings. The number of children detained on remand, particularly the significant percentage of them who do not go on to receive a custodial sentence, raises serious concerns about Ireland’s compliance with the international and domestic principles of detention as a last resort for children, which incorporate a presumption against detention of children accused of criminal offences. I want to ask Judge McGuinness’s opinion on the practice of the Children Court of remanding children for assessment despite section 88(13) of the Children’s Act clearly stipulating that the court should not remand a child in detention on the basis solely of care or protection concerns. I want to ask her how the absence of a formal system of bail support and services in Ireland impacts on a child’s ability to meet their bail conditions, with the consequent risk of their receiving a custodial remand for failure to comply.

The second issue that I want to raise is that of direct provision, which Ms McGuinness mentioned. Chapter 6 of the Report Card opens with a piece by Dr. Liam Thornton entitled, “Closing Our Eyes: Irish Society and Direct Provision”. Dr. Thornton has done some excellent work, as have many NGOs such as the Irish Refugee Council and Doras Luimní. I put forward a motion on direct provision in this House last October. We were all at one on this issue. Unfortunately, the Minister then was not at one with us, but we will keep pursuing it and we have a very good Seanad cross-party group working on the issue. We know the high number of children who are in the 34 direct provision accommodation centres. Can Ms McGuinness give us advice on what immediate action could provide greater protection to children who are caught in the direct provision system? What could we do in the immediate future? All Senators in this House have agreed that such centres are not places for a child to be accommodated, especially beyond three-month or six-month period. I thank Ms McGuinness again for her address. She has given us many challenges.”

Full debate transcript available here

Mother and Baby Homes: Statements

Wednesday, 11th June 2014

I warmly welcome the Minister to the House. Everyone in the Chamber will agree that the recent revelations are yet another deplorable stain on our collective conscience. In preparing for my statement, my personal shame as a member of the collective that turned a blind eye to the abuse and suffering of women and children, out of fear and deference to the powerful, is as acute as ever before. It is the same shame I felt reading each of the reports – Ferns, Ryan, Murphy and Cloyne – into the systematic abuse and exploitation of vulnerable children in State and church institutions in Ireland. It is the same shame I felt reading the harrowing testimony from survivors of the Magdalen laundries and symphysiotomy procedures performed by medical professionals in Irish hospitals.

I share the overwhelming sense of shame and compunction over the unthinkable fate suffered by our sisters, cousins, friends and daughters labelled “fallen women” by church and community for becoming pregnant out of marriage and sent to these homes for their sins and rehabilitation. The isolation, hardship and suffering to which these young women were subjected in the name of honour and respectability is almost unthinkable in contemporary Ireland. How many of these young women fell pregnant against their will, by way of rape, incest and familial abuse, and found themselves arbitrarily and extra-judicially detained in these homes? It is the worst injustice imaginable when the victim is punished. It reminds me of punishment by stoning for adultery under Sharia law for women who have been raped.

Due to the time limit, I will limit my main observations to the issue of adoption, including the legality of adoptions prior to the Adoption Act 1952. Although the national adoption contact preference register contains data on only a small number of adoptions, the 2011 Adoption Authority of Ireland audit of the records found 50 cases of illegal adoptions. Given that the vast majority of adoption records are held by the Health Service Executive, HSE, and Child and Family Agency, CFA, we have seen only the tip of the iceberg of illegal adoptions. The area of adoption legality is extremely complex and technical and the commission will need an expert on adoption law to deal with what is likely to be a huge body of work. The Mahon tribunal had two to three experts working together.

So many of the issues thrown up by the mother and baby homes are not just legacies of the past but prevailing issues today, from which an examination of the past can yield lessons for legislation and policy today. Earlier today, I met several survivor groups, and we must ensure any inquiry, and the process to establish it, will hear their voices and involve them. The latest revelations have once again brought to the fore the trauma and suffering of many of the survivors. We must ensure we care for the living. I welcome, so early in the Minister’s new term of office, his speedy and committed response to establish a statutory commission of investigation. We are all waiting to find out the scope of the inquiry and which homes and what period will be included. Will the State take responsibility for collating all the records or will it do the same as in the report into the Magdalen laundries, namely, receive the records and then return them to the church-run institutions?

The inquiry must deal with many inter-related matters. The prevailing issues are adoption, the right to identity, lone parents, the role of women, poverty, social strata, and the rights of unmarried fathers, whose names are still not necessarily recorded on birth certificates. Will the investigation have the resources it needs and the appropriate expertise to deal with the myriad issues I have outlined? We must find a way to prioritise the truths from which there can be learning. We have recently seen the role social historians and archivists have played and can continue to play in investigative teams. Can we learn from the Murphy report experience? Should the inquiry find a way to do its work by sampling to find the appropriate balance between truth, expediency, bearing witness, and establishing and identifying causal and contributing factors, thereby maximising the scope to learn lessons?

Lest we forget, each and every one of these children had a name, and to ensure they get the memorial they deserve, their names must be listed in their honour. They are the children we promised, at the formation of the State, to cherish equally.

5 Key Organisations join Senator van Turnhout to Endorse Yes Vote

Press Release: For Immediate Release

30th October 2012

5 KEY ORGANISATIONS JOIN SENATOR VAN TURNHOUT TO ENDORSE YES VOTE

Arc Adoption, Childminding Ireland, Inclusion Ireland, Irish Youth Foundation and Treoir joint with Senator van Turnhout to call for a YES vote in the Children’s Referendum on 10 November 2012

Senator Jillian van Turnhout today, Tuesday 30 October 2012, hosted a joint press conference to announce the support and share the views of some key NGOs who through their work will be affected by the provisions of the Children’s Referendum.

Senator Jillian van Turnhout says: “the question I have been asked most frequently about the Referendum is whether I think strengthening children’s rights in the Constitution is really necessary? My answer is an unequivocal YES. This is not a time for complacency. I believe by strengthening children’s rights in the Constitution we will protect and support children in Ireland.”

The NGO’s participating in the press conference; Arc Adoption; Childminding Ireland; Inclusion Ireland; Irish Youth Foundation and Treoir were equally unequivocal in their support for a YES vote:

Shane Downer, Arc Adoption says: “This referendum will allow us, as a society, to choose to protect and cherish our most vulnerable children. It is time to vote yes. It’s time to make a clear, strong statement that all our children matter, and that Ireland can be a great place to be a child. Arc Adoption urges everyone to vote yes on November 10th.”

Paddy Connolly, Inclusion Ireland says: “The rights of children with an intellectual disability and autism have been disregarded by successive Governments. Inclusion Ireland, in calling on its members to vote Yes, believes that the Children’s Referendum marks a progression towards the recognition of the rights of all children, including children with a disability. A Yes vote on the 10th November will tell parents of children with disabilities that the people of Ireland support the rights of their children to the supports and services they need.”

Niall McLoughlin, Irish Youth Foundation says: “The Irish Youth Foundation (IYF) supports children who, due to a wide range of social factors are denied their most basic rights – the right to be supported by caring adults, the right to a way of life that is free of fear and discrimination and the right to an education which meets all of their needs. The IYF strongly supports a strengthening of the rights of children in Ireland and encourages a Yes vote in the Children’s Referendum.”

Margot Doherty, Treoir says: “The Children’s Referendum, if passed, will mean that for the first time there will be a clear statement of children’s rights in the Irish Constitution. Treoir believes that inherent in these rights are a child’s right to identity and to a relationship with both parents.”

Patricia Murray, Childminding Ireland says: “Childminding Ireland urges every man and woman over 18 to remember our own childhoods, whether happy, wholesome, and healthy, or difficult, even dangerous, to vote YES in this referendum so that everyone of us will play our part to secure for each child the right to fair play, i.e. equal treatment with other children, as a young citizen of Ireland and the right for each child to have his or her own voice heard.”

ENDS

For Media Enquires please contact:

Senator Jillian van Turnhout, on 087 2333784
Shane Downer, Arc Adoption, on 087 207 0634
Patricia Murray, Childminding Ireland, on 01 2878466
Siobhán Kane, Inclusion Ireland, on 01 8559891
Niall McLoughlin, Irish Youth Foundation, on 01 676 6535
Brenda Forde, Treoir, on 01 6700120

Note to Editors:

– Senator Jillian van Turnhout is a leading children’s rights activist and Leader of the Independent Group of Senators (Taoiseach’s Nominees)

– Arc Adoption is an intercountry adoption mediation agency enabling ethical adoption of eligible and available children in need of loving and secure home, into suitable adoptive families.

– Childminding Ireland is a membership organisation founded in 1983 to promote the development of quality in family based care for children

– Inclusion Ireland is a national organisation advocating for the rights of people with an intellectual disability and their families.

– Irish Youth Foundation is a non-governmental organisation seeking to provide opportunities for children and young people facing adverse and extreme conditions to experience success in their lives.

– Treoir is a membership organisation which promotes the legal and social rights of unmarried parents and their children in Ireland. Treoir provides a National Information Service to unmarried families and those involved with them.

Government responds favourably to Senator van Turnhout’s proposal to grant property tax exemption to youth organisations


Press Release, 6 March 13

Government responds favourably to Senator van Turnhout’s proposal to grant property tax exemption to youth organisations

 

In a Seanad debate in December 2012 attended by Minister for Finance, Michael Noonan TD, Independent Senator Jillian van Turnhout made the case that charities that hold properties used for hosting and accommodating activities for children and young people should be exempted from the Government’s proposed property tax.

 

Senator van Turnhout, who is the Leader of the Independent Group in the Seanad and a campaigner on children’s issues, argued that the imposition of a property tax on properties owned by the Girl Guides and similar youth organisations would place many of these organisations in a precarious financial position.

 

Minister Nooan expressed his appreciation of the fact that groups like the Girl Guides and Scouts provide facilities and work with young people and with other sectors for social and personal development purposes. He said in the debate that just as he had granted such organisations an exemption from the household charge for the buildings in question, he would ensure that the exemption would also apply to the property tax.

Today in the Seanad, Minister Brian Hayes, TD, announced that on foot of Minister Noonan’s commitment in December to respond favourably to Senator van Turnhout’s proposal to grant an exemption, the properties used for accommodation purposes by groups such as the Girl Guides or Scouts will indeed be exempted from the property tax.

Section 7 of the Finance (Local Property Tax) (Amendment) Bill 2013 now states that “Properties used by a charity for recreational activities” shall not, for the purposes of this Act, be regarded as a relevant residential property.

 

Senator van Turnhout:

 

“Naturally, I am delighted that the Government has recognised the merits of my proposed amendment. The Irish Girl Guides Trust, of which I am a director, holds a number of properties around the country that are used for children’s and youth activities. These are held on a non-residential and non-commercial basis, with the guides spending weekends away in these properties. The guides pay a very low fee for their stay, because no profits are made on the properties, most of which are in need of serious investment and repair. At a time when families are being squeezed, today’s decision by Minister Noonan to exempt these properties from the property tax is very welcome.”

ENDS

For further information, contact Amy McArdle at 01 6183375, or email jillian.vanturnhout@oireachtas.ie.

 

Senator van Turnhout tables motion condemning Child Beauty Pageants in Ireland

Today, Wednesday 5 March 2014, Senator Jillian van Turnhout and the Independent Group of Senators (Taoiseach’s Nominees) table a Motion condemning child beauty pageants in Ireland.

Referring to the strength of her conviction in opposing child beauty pageants taking place in Ireland Senator van Turnhout said “I believe that childhood is a time-specific and unique period in a person’s development and that the participation, for financial gain by others, in a competition by minors, judged on attractiveness and physical attributes rather than any sort of discernible skill, is hugely problematic and contrary to protecting childhood.”

The Motion, which has received unanimous support from all Senators across all political groupings in the Seanad, recognises the difficulties and pressures faced by children and parents with increasingly sexualised media imagery and popular culture. It acknowledges efforts already being made to protect childhoods in Ireland against sexualisation and undue gender stereotyping and asks all stakeholders to do more. 

Senator van Turnhout explains “this Motion is a call to action not only to our colleagues in Dáil Éireann, but also to Civil Society Organisations dealing with children, young people and parents, parents themselves and society at large. We need to send a clear and unified message that there is no place in Ireland for child beauty pageants.” 

-ENDS-

Notes for the Editor:· Full text of Motion attached.
· The Independent Group (Taoiseach’s Nominees) are Senators Jillian van Turnhout (Leader), Fiach Mac Conghail, Mary Ann O’Brien, Marie Louise O’Donnell, and Katherine Zappone. 
· The Motion is seconded by Senator Marie Louise O’Donnell. 
· The debate takes place on Wednesday 5 March 2014 at 17:30-19:30 in the Seanad. It will be broadcast live on UPC Channel 207 and is available online at http://www.oireachtas.ie/parliament/watchlisten/ or through the new free Oireachtas App for smartphones.
For More Information, Please Contact:                                                                 
Senator Jillian van Turnhout
Leader of the Independent Group (Taoiseach’s Nominees)
Phone: 01-6183375
e-mail: jillian.vanturnhout@oireachtas.ie

Private Members Motion
Condemning the Holding of Child Beauty Pageants in Ireland
5 March 2014

“That Seanad Éireann:
· Recognises that childhood, as a time-specific and unique period in a person’s development, is a distinct space from adulthood.

· Appreciates the difficulties and pressures faced by children and parents as the distinct space between childhood and adulthood becomes increasingly blurred through media, advertising and popular culture.

· Believes that every effort must be made to protect children and childhood against sexualisation and undue gender stereotyping.

· Echoes the Minister for Children and Youth Affairs, Frances Fitzgerald TD’s endorsement of Responsible Retailing: Retail Ireland Childrenswear Guidelines (June 2012) and her statement that “[t]he preparation of these guidelines is yet another example of how working together we can, as a State and society, help to foster a culture where childhood is preserved and children are protected”.

· Commends An Coimisiun Le Rinci Gaelacha, The Irish Dancing Commission, for introducing additional rules prohibiting the use of make-up including false eyelashes, tinted moisturiser, or any artificial tanning products for the face for all dancers aged 10 years and under. (Effective 1 March 2014.)

· Believes that the participation, for financial gain, in a competition by minors, judged on attractiveness and physical attributes rather than discernible skill is contrary to the protection of children and preservation of childhood and therefore condemns child beauty pageants in Ireland.

· Further holds that child beauty pageants run contrary to the values set out in the United Nations Convention on the Rights of the Child.

· Cognisant of the current economic climate, greatly appreciates the significant decision by each of the hotels approached by Universal Royalty back in September 2013 to decline hosting a child beauty pageant on their premises and welcomes the support of the Irish Hotels Federation in opposing child beauty pageants in Ireland.

· Calls on all stakeholders to be resolute in opposing child beauty pageants in Ireland.

· Calls on all Senators to formally endorse the appeal made by Senator Jillian van Turnhout in Seanad Éireann on 19 September 2013 to send a clear message that child beauty pageants have no place in Ireland. 

· Seeks political consensus in its opposition to child beauty pageants across both Houses of the Oireachtas and invites Dáil Éireann to pass a similar Motion.”

Statements on Free Speech, Homophobia and the Role of the State Broadcaster

February 18th, 2014. Senator Jillian Van Turnhout speaking on the issue Free Speech, Homophobia and the Role of the State Broadcaster.

I welcome the Minister to the House. I thank Senator Zappone for taking the initiative on this debate. Instead of focusing on a single definition of homophobia, we need to acknowledge that homophobia presents itself in a wide spectrum, ranging from violent hate crimes to far more subtle forms of discrimination.

I, too, commend Panti’s address at the Abbey Theatre on 1 February, and my colleague, Senator Mac Conghail, on using our national theatre in the way it was so rightly used for a noble call. She articulated so succinctly the impact of subtle discrimination and homophobia on a person’s psychic and mental well-being, causing them, in her words, to check themselves at the pedestrian crossing. The number of views, and the number of languages in which that video has gone around the world, shows the power that words can have.

It is very important, however, that we do not have debates about important social issues in isolation from each other. Social issues are invariably interrelated – homophobia, self-harm, suicide and suicidal ideation – and, tomorrow, we will have a debate on mental health and well-being. This is particularly true for young people and, in this context, LGBT youths. A report in 2008 was published jointly by BeLonG To, GLEN and the HSE, called Supporting LGBT Lives. That report found that 50% of LGBT youths have thought about suicide and 20% attempted suicide. LGBT young people are seven times more likely than their heterosexual counterparts to experience mental health distress. It has also been established that young people identify their sexuality at age 12, on average, and the average age of coming out is 17. This five year period in which young people come to terms with their sexuality is vital. Living in a society where anti-gay bias exists can lead to many difficulties in this critical adolescent period.

All this demonstrates the extent to which homophobia presents in society and impacts on the individual. The survey found that 80% of LGBT people have been verbally abused because of their identity. This is simply unacceptable. LGBT people must be treated as equal citizens and we must actively work to eradicate homophobia and any type of discrimination from our society. I believe we live in a society that is obsessed by labels. We need to celebrate difference, and this can only be done through robust, open and constructive debate. I was involved in a campaign a few years ago for which the slogan was: “We need to keep labels for jars, not people”.

I, like many of my colleagues, am concerned by the speed and, indeed, indecent haste with which RTE responded to Rory O’Neill’s comments on “The Saturday Night Show”. The decision to issue compensation, an apology and a right to reply to some of those perceived to have been injured may well have been disproportionate in the absence of a legal finding of harm done, especially given that compensation was paid out of taxpayers’ money. I am also uncomfortable about the absence of commentary around the fact the presenter of the show in question prompted Rory O’Neill to identify individuals by name. I think RTE’s decision is worrying on a number of levels. I feel it has negative implications for freedom of expression and also the manner in which debates around marriage equality will be conducted in the future. We all need to accept that robust and sometimes volatile discussion will take place around sensitive issues, and we should embrace this, not censor it.

It is evident, in the aftermath of the comments debacle, that people on panels were tripping over themselves trying not to say the wrong thing. That does not bode well for healthy and open debate. The upcoming referendum on marriage equality will see many different views. We need to ensure freedom of expression remains intact at all times. We need to send a message to young people that discrimination will not be tolerated. Homophobia does exist. There are real consequences for the targets of this abuse.

It is of the utmost importance that our national broadcaster ensures open and fair debate where both sides can communicate their argument in a fair and sensible manner.