Abused children were let down by the state
Article 42:5 says: “In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the state as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.”
By the year 2000, the state had sufficient evidence to prove to the courts that the Roscommon case satisfied this article of the constitution and that these parents were, unfortunately, incapable of protecting their children. Obviously the state didn’t fight the case properly in the High Court and it is the state that let these children down.