Protecting children from the State

Just about one year ago, the people of Ireland were asked to give more power to the Oireachtas to investigate “matters deemed to be of public importance”.

Much as Irish people want to nail politicians who abuse the system of expenses and allowance payments they wisely, I believe, chose to reject the amendment. Giving judge and jury powers to the Oireachtas was considered a step too far, one that opened the way to far greater abuse of power and privilege. Now, one year later, the people are being asked to give more power to the State for an even more worthy cause, the protection of children.

It is not the issue of child protection that is core, anymore than it was the issue of nailing corruption that was core in the amendment previously referred to. The core question is who is entrusted to exercise the proposed new powers and can they be trusted with that power? Under the Constitution as it exists, parents who fail to care for their children “morally and physically” can be charged for their negligence and have their children taken from them into the State’s protection.

It is the responsibility of the State, through its agents, social services, the HSE, gardaí and public prosecutor to monitor children at risk and prepare a case that can stand the scrutiny of a court hearing. That they have failed in their responsibilities, most notably in the tragic Roscommon case, is a poor argument for extending the powers of the State even more. Their record on protecting children inspires no confidence. The high number of missing, malnourished and dead children who were in the care of the Irish State in recent years cannot be explained by insufficient powers.

Are we now happy then to give that same State the power to take children from their homes on the recommendation of a social worker until the parents prove their innocence? Are we happy that the courts can be bypassed in this way and that whatever government happens to be in power can determine what constitutes the welfare of a child? While our courts need to be reformed, be made more accountable and more accessible, it would be retrograde to remove their role in determining the merit of applications by the State to override the rights of its citizens.

The words of Thomas More in Bolt’s A Man for All Seasons comes to mind. ”I would give the devil the benefit of the Law for my own safety’s sake”. As with all campaigns for social betterment and social progress, one needs to look behind the rhetoric of care and concern to see what really is at stake.

Margaret Hickey

Blarney

Co Cork