Tag: Children’s Rights

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Address to Seanad Éireann by Mr. Jim Higgins MEP

Thursday, 16th May 2013

I, too, join in welcoming Mr. Higgins to the House. He has history in this House and the Dáil. He recalled a fateful phone call, similar to one I received two years ago this Monday when I was in China. It was a great story. I will never forget the pride I felt when I got that phone call.

I acknowledge the roles which have not been highlighted and in which he played a significant part, namely, the EU suicide prevention and mental health treatment strategies, EU funding for the care of the elderly and the increased access to cross-border health care. He was also involved in children and youth issues, such as childhood obesity and child literacy. These issues are often not played out in Ireland, but are important in terms of the development of EU strategies which filter down to Ireland. His role as quaestor is also very important.

I note his role in introducing a cultural programme. I happened to be present in January when Mr. Higgins met Mr. John Banville. It was an excellent initiative.

As Mr. Higgins said, Ireland’s Presidency is very important and set a number of milestones. I would like to join the recognition of the roles played by Irish Ministers. We all have a sense of pride when we hear about the Minister, Deputy Coveney, on the news, delivering a deal people said would not be possible within this Presidency. We should not underestimate the deal which has been struck, and the officials who support that work

I want to raise the role of citizens in Europe. I have a concern that Europe has steered off its path slightly. We should return to its original path, where all voices, no matter how small, were heard equally, and where the understanding and promotion of diversity of culture and ideas were to the fore. Last week I had the opportunity while in Vienna to speak in the Austrian Chancellery on the Future of Europe Group report on striking a balance between unity and diversity. It has not received much publicity in Ireland, but 11 foreign Ministers from EU member states, not including Ireland, came together and wrote a paper on what they believe is the future of Europe. My difficulty with the report is that it progresses a very top-down approach. If one really reads into the report, one will find it looks at the common security policy and similar areas on which we could co-operate, rather than issues which directly affect citizens.

We need to be careful with our engagement on EU issues. I would welcome a debate in the House on the future of Europe. The report to which I referred is interesting. It comprises only seven pages but there is a lot of content. It is very interesting that although the foreign Ministers have all put their names to it, it is on only one official website, that of the German Foreign Minister, Mr. Westerwelle, for debate.

There is often a perception that popular sentiment towards the EU has turned sour because power has moved to the centre of Europe between France and Germany. It should be noted that the European Movement Ireland committee commissioned a RedC poll earlier this year which found 85% of respondents believed that Ireland should remain part of the EU and 83% of Irish adults believe that, on balance, Ireland has benefited from its membership of the EU. We should not underestimate those figures. We can have a serious and engaging debate with the citizens of Ireland. They see the benefits of the EU and we should examine how we can develop that further.

I would be interested to hear the opinions of Mr. Higgins on how, post the Irish Presidency which will be over soon enough, we can ensure the EU agenda focuses on the issues that most affect our citizens and how we can best generate engagement with and support for the EU with people. I refer to the “critical friend” approach, whereby a really good friend will tell one what he or she likes or does not like.

I have concerns about the multiannual financial framework. It is close to completion. We have a deal which will have to be discussed and rebalanced every year because we will not grasp the nettle. We will propose a budget but each year the Parliament will have to grapple with it. I would welcome Mr. Higgins’s thoughts on that.

I echo his congratulations to the Minister, Deputy Coveney for his role in common fisheries and CAP. I am not from an agricultural background, although having spent 12 years on the economic and social committee with farmers’ representatives I learned more about farming than I ever needed or wanted to know. It is tremendous that Ireland has played a role in bringing people together.

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Order of Business, 19 February 2013

Tuesday, 19th February 2013

I thank everyone who attended a joint briefing I organised on the Magdalen report with Amnesty International, the Irish Council for Civil Liberties and Justice for Magdalenes. I hope we will debate the issue at the earliest opportunity, and I hope that today is day one of justice. When we have the debate I ask for appropriate time to scrutinise any proposed redress scheme; there should not just be reflection of the past but also consideration of how to restore into the future.

I welcome the publication yesterday by the Children’s Rights Alliance of its report card for 2013, which is a really comprehensive report on the Government’s promises to children. Overall, the Government got a C grade, and I will refer to Senator O’Brien’s comments with regard to child poverty. I do not know if it is “the” Mangan report but the first report of the Mangan group was put online today, and it is dated March 2012. I would like to see clarification on the report and its content. I am concerned by the leaks we read over the weekend. As a legislator, I cannot believe I must speak about leaks of a report. We have had debates on the Social Welfare Bill and we have been asked to act responsibly but we have not been provided with the relevant information.

In the Children’s Rights Alliance report and relevant to child poverty, the Department of Social Protection got an F grade. Rarely does the Children’s Rights Alliance hand out an F grade. We have seen increasing child poverty figures in Ireland and if child poverty is left unaddressed, the issue can continue into a person’s teenage years and cause significant life poverty risk.

Reading the reports at the weekend on whether we should means-test or tax child benefit, as well as what the Mangan report would come out with, it felt like it was Groundhog Day. It was first mooted in April 2009 by the then Minister, the late Brian Lenihan, that we should examine this issue and I recall when debating it that I used the same speaking points that I am using now. I have not had to change them. The debate should be moving on. I ask for a debate on the matter in this House.

Will the Leader ask the Minister for Justice and Equality for clarity on when the family leave Bill will be published and the consultation process on it with the social partners is envisaged? As the EU parental leave directive needs to be transposed into law by March 2013, the clock is ticking. I know the Bill is on the legislative list, but when will it be published in order that we can uphold our obligations?

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Order of Business, 26 June 2012

I, too, welcome the publication of the consultation document on the criminalisation of the purchase of sex which I believe is the result of the motion the Independent group brought before the House on two occasions.

Last Friday, 22 June, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and the Minister for Justice and Equality, Deputy Alan Shatter, signed a statutory order to remove section 11(1)(e)(iii) of the Ombudsman for Children Act which excluded children detained in St Patrick’s Institution from the complaints remit of the Ombudsman for Children, Ms Emily Logan. The order will take effect from 1 July. I warmly welcome this move which I do not believe received much publicity. Prior to this, children held in prison, children in the Defence Forces and children involved in dealings with the Garda were the only three groups of children excluded from the remit of the Ombudsman for Children.

However, there is an ombudsman in place for both the Defence Forces and the Garda. It followed from the announcement of the Minister for Children and Youth Affairs on 2 April that the detention of children in St Patrick’s Institution would end on 1 May for all newly remanded or sentenced 16 and 17 year olds. They will now be detained in Oberstown. These two measures mark significant progress in the treatment of juvenile offenders and the observance of children’s human rights. However, I am mindful of the fact that there is still no independent, fair and impartial complaints mechanism for adult prisoners. Concern has been expressed in this regard by both the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the inspector of prisons, Mr. Justice Michael Reilly, in his annual report for 2010.

In Mr. Justice Reilly’s report he refers to a deficiency, to be rectified by 1 July 2011, in the following of proper complaints procedures, with supporting documents. I look forward to seeing what progress, if any, is recorded in his next annual report. I ask the Leader to invite the Minister for Justice and Equality to the House to confirm when the annual report of the Office of the Inspector of Prisons for 2011 will be published. I understand it was sent to the Minister on 17 April. I ask that we have a debate on how best an independent, transparent and accountable prisoner complaints mechanism can be established in the prisons.

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Order of Business, 16 May 2012

My colleague, Senator Quinn, raised the matter of the missing children’s hotline, 116000, on the Order of Business yesterday. The theme of this year’s international missing children’s day, which is 25 May, is child abduction safety. Senators will be aware that 25 May will also mark the first anniversary of this Seanad. It would be fitting if the hotline could be in place and operational by that date. On 12 October last, the Seanad agreed an all-party, all-group motion calling for the missing children’s hotline to be brought fully into operation. Since then, ComReg has allocated the number in question to the service. I welcome the changed message that now directs anybody who rings 116000 to the Garda or to the ISPCC Childline. I note that the number cannot be telephoned from an Oireachtas handset. Hopefully, we will not have to report it. I will follow that issue up with the Oireachtas authorities. The number has been allocated but the service is not yet in operation. Similar hotlines in other EU member states take calls from and offer support to anyone concerned about a missing child, including parents and children. They take calls regarding different types of child disappearance, including runaways, parental abductions, missing unaccompanied migrant minors, criminal abductions and children who are lost, injured or otherwise missing.

The EU has been asking Ireland for five years to put this hotline in place. It is not too much to ask for the Government to ensure it is fully operational by 25 May next. Will the Deputy Leader ask the Minister for Children and Youth Affairs to come before this House at the earliest opportunity to confirm that the hotline will be operational by 25 May? If the hotline will not be up and running by that date, will the Deputy Leader ask the Minister the reason for such a delay? I suggest that the Minister, Deputy Fitzgerald, should outline the plans of the Department of Children and Youth Affairs to publicise and promote the missing children’s hotline so that Ireland is not a missing link in child abduction cases. We need to ensure that every child in Ireland, including those who might be going away over the summer, knows this number. They should be made aware that if they are in another EU member state, they can ring the number and talk to someone who can help them.

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Order of Business, 1 February 2012

I thank the Leader for promising to bring the Minister of State with responsibility for European affairs to the House next week to discuss the treaty on stability, co-ordination and governance. Like most of us I am in the process of studying it and will form my own view. I look forward to the upcoming discussion.

I will address two matters, the first of which is the universal periodic review. Members are aware that Ireland’s human rights record was subject to its first universal periodic review hearing last October, and the report of the working group on Ireland’s review, also known as the outcome document, will be adopted by the Human Rights Council during its 19th session on 16 March this year. Of the 126 recommendations contained in the outcome document, the Government has examined and accepted 62, and 49 recommendations are currently under consideration by the Government, with responses to be provided before the Human Rights Council session in March. Some 15 recommendations, the majority of which pertain to reproductive rights and combating racism, have been rejected.

The commitments made by the Government during this process and the potential for further commitments to be made before the adoption of the outcome document should yield significant improvements in the area of prison conditions, children’s rights, gender equality, mental health, freedom of expression and combating racism and discrimination. I ask the Leader to invite the Minister for Justice and Equality, Deputy Shatter, to the Chamber to advise and debate with Senators as to the status of the 49 recommendations under consideration, and to outline how the relevant Departments plan to build on the exemplary consultation process with non-governmental organisations and civil society in the lead-up to Ireland’s review and the next review of 2016.

There is a second issue, although I will not repeat my requests in detail. On 18 and 25 January I asked that the Minister for Children and Youth Affairs be invited to the Seanad to address questions on the proposed children’s referendum, the interim measures for children currently detained in St. Patrick’s institution, the new children and family support agency and the potential to use the Children’s Rights Alliance report card as the basis for this debate. I know there is much talk of referendums in the air but I advise Senators that the children’s referendum needs to take place.

I will give a reason for this. There are 2,000 children in long-term foster care and the referendum would make them eligible for adoption. Once these children turn 18, that right is extinguished, so as the days and months roll on, let us be conscious that as we deliberate, we are potentially denying these children what everybody agrees should be allowed, namely, the security of being part of a family. I repeat my call that the Minister for Children and Youth Affairs update this House on the status of the children’s rights referendum. The issue cannot be debated any longer and we must change it. There are 2,000 very good reasons to have that referendum.

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Order of Business, 18 January 2012

18th 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.

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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.

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Human Trafficking and Prostitution – Motion

12th October 2011

I welcome the Minister of State. The impetus for this motion has been the tremendous work of the Turn Off the Red Light campaign to end prostitution and combat sex trafficking in Ireland. I commend the campaign on highlighting the intrinsic link between the demand for prostitution and the trafficking of women and girls to meet this demand. The majority of members of Turn Off the Red Light are civil society groups and NGOs that have direct experience of the devastating effects of prostitution on women, children and men throughout Ireland. These devastating effects are physical, such as sexually transmitted infections, injuries sustained as a result of beatings and rapes, gynaecological problems owing to multiple terminations of pregnancy and many other health conditions relating to prostitution. There are also mental and emotional injuries deeply embedded in the psyche of sex workers and victims of trafficking which are likely to be carried throughout their lives.

Senators Zappone and Mac Conghail have excellently outlined the views of our group, which I fully support. Therefore, in my intervention I will focus on the situation for children. As devastating as these effects are on adults, the impact is almost unimaginable for children and child victims of trafficking for sexual exploitation. I have researched with interest some of the arguments against criminalising the purchase of sex in Ireland and I find myself wholly unconvinced by them. One argument contends that criminalising the purchase of sex in an effort to curb prostitution violates a sex worker’s right to exercise self-determination over her own body. I must respectfully disagree. It is my belief that when the complex layers of how and why women and men find themselves selling their bodies for sexual gratification of others are peeled away, their paths into prostitution did not start with the simple exercise of their right to self-determination of their bodies. For those who argue that prostitution is an issue of consent, I would ask these people to be mindful that the age identified internationally for entry into prostitution is 14, an age at which consent cannot be given.

I would also like to highlight the situation for young homeless people. Focus Ireland estimates that there are as many as 1,500 young people under the age of 18 who are homeless each year in Ireland, 18% of whom are unaccompanied and one quarter of whom are under 12. There is inadequate resourcing in this area and there are an insufficient number of places for children in safe, sheltered accommodation. Some are said to be forced into prostitution. An increase in substance abuse among homeless youths, especially males, has also seen an increased recourse to prostitution and there is evidence to suggest that boys as young as 13 are involved in prostitution in Dublin city.

Separated children or unaccompanied minors are under 18 years of age, outside their country of origin and separated from both of their parents or their previous legal customary primary care giver. Separated children are an extremely vulnerable group owing to their status, the fact they may have experienced war and violence, and the danger that they have been trafficked into Ireland for sexual exploitation. There have been improvements in the situation for separated children in Ireland under the Ryan report implementation plan, and measures have been taken, such as DNA identification, to tackle false family reunifications.

However, the instances of children going missing from care are of deep concern. This morning in this very Chamber, the Minister for Children and Youth Affairs told us that there are 16 cases of children missing in Ireland still outstanding in 2010 alone, and 11 of those are unaccompanied minors. There is strong anecdotal evidence that a number of these children could have been trafficked into prostitution and other forms of sexual exploitation. In September 2011, the Children’s Rights Alliance submitted to the Department of Justice and Equality’s anti-human trafficking unit collated case studies of suspected and confirmed child victims of trafficking in Ireland.

I will now briefly outline these cases which paint a picture of dreadful exploitation. They include the following: a 15-year-old Somali rescued from a brothel in 2006 having been trafficked into Ireland; a 16-year-old Nigerian girl who arrived to Ireland as a separated child in 2009 and was enticed out of HSE residential care by a man who later got her involved in prostitution; and a 16-year-old girl from Burundi, held captive in a house in County Louth and abused. She was taken from her village in Africa at the age of 12 and introduced into sex slavery in different countries before being trafficked to Ireland for more sexual exploitation.
I have also heard dreadful accounts by an NGO, which were subsequently documented, of eastern European girls as young as 14 being trafficked to Ireland, brutally and systematically raped over a number of days to “break them in” and then shipped off to various brothels around Ireland. This intolerable situation is my motivation for fully supporting the motion proposed by the Independent Group.

As Senator Zappone has already mentioned, the sex industry in Ireland is extremely lucrative. Children continue to be victims of prostitution and trafficking because it is good business for organised criminals and traffickers. After much research into this issue I firmly believe that legislation is needed. I understand that the Minister says we need a wider public debate. I would like to say I am reassured by what I have heard both from the Minister and the Government side, but I am not. We have heard a lot of nice words and good sentiments but I would like to have seen much more detail in what is being put before us. I note the six-month timeframe that is given to us and our group must still decide whether we will move this motion to a vote. We will certainly not be going away from this issue, however, because every day that passes there is a possibility of women and children being forced further into sexual exploitation in Ireland. We have to take action. We may have to allow the Minister of State some time, but it is a very short time because this is about human beings and people’s lives.

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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.