Published on 

Review of Ireland by the United Nations Committee on the Rights of the Child: Opening Statement by Children & Youth Affairs Minister James Reilly

The UNCRC hearings will form the basis for a report on the
country's record in implementing the UN Convention on the Rights of the
Child. Minister Reilly is joined by officials from 7 different government
departments outlining progress made in Ireland on children and children's
rights to the committee. The last time Ireland appeared before the
committee was in 2006.

Introduction


Chairman [Madame Chairman] and Members of the Committee,


Thank you for your words of welcome. As one of Ireland’s first Cabinet Ministers for Children and Youth Affairs, I’m very glad to have the
opportunity to represent the Irish government in discussing with the Committee Ireland’s observance of the Convention on the Rights of the Child. It is a process to which the Irish government attaches a great degree of importance.


It has been ten years since Ireland’s last appearance before this Committee – a period of very significant change for our country. In terms of the change in our economic fortunes, that has been extremely difficult for our people. However, despite the significant challenges that has brought, important progress has been made as regards children’s rights.


Delegation


I would like to begin by introducing the members of our Delegation.


I was pleased to have been introduced a few moments ago by Ambassador Patricia O’Brien, Ireland’s Permanent Representative to the UN and other international organisations in Geneva.

We also have with us today:

• Elizabeth Canavan, Department of Children and Youth Affairs;
• Christine O’Rourke, Office of the Attorney General;
• Colin Wrafter, Department of Foreign Affairs and Trade;
• Colm Keenan, Department of Children and Youth Affairs;
• Deaglán O’Briain, Department of Justice and Equality;
• Colm Desmond, Department of Health;
• Brian Kenny, Department of the Environment, Community and Local
Government;
• Caitríona O’Brien, Department of Education and Skills;
• Jim Walsh, Department of Social Protection;
• Aoife Conduit, Department of Education and Skills;
• Michele Clarke, Department of Children and Youth Affairs;
• Nuala Ní Mhuircheartaigh, Mission of Ireland to the UN;
• Peter White, Department of Foreign Affairs and Trade;
• Breda Lee, Mission of Ireland to the UN;
• Sheila Finucane, Department of Children and Youth Affairs;
• Theodora Castan, Mission of Ireland to the UN.

Context

The decade since Ireland last met with this Committee has been a very turbulent one for our country. In 2006, the Irish economy was booming,
albeit in a manner that proved unsustainable. When that economic growth came to an abrupt halt, the consequences for the country were severe. The legacy of a profoundly dysfunctional housing market is reflected in the level of homelessness we see in Ireland today. And while our job creation strategy is working well, the catastrophic labour market crisis caused by the crash had very significant impact on families and children, with many repercussions enduring as significant challenges that have yet to be overcome.

Inevitably, this limited the progress that Ireland could make, and government had to make choices which were very difficult for our people. But I believe the approach we took in such constrained circumstances was sound:


• To the greatest extent possible, we protected a number of critical areas of public expenditure, particularly for vulnerable groups;


• We worked hard to continue progress in areas where this was possible; and


• Importantly we have developed robust plans so that future investment will realise the rights of all children in Ireland.


At this juncture, we can see that the government’s economic strategy is working, and the key economic indicators are now consistently moving in the
right direction. This is vital, because this is the critical enabler for achieving social progress. Without the resources of a sound economy, progressing the rights of children, in areas where more investment is needed, would be extremely difficult.


Government Priorities


We are clear that realising rights and achieving social inclusion is about much more than household income levels. Children who grow up in households where parents are effectively precluded from paid work will struggle to be included in mainstream society in any meaningful way. We know that household joblessness can lead to the transmission of poverty from one generation to the next, and the consequences for children in this regard.

Good social policy and a strong expression of children’s rights give every child the opportunity to realise their full potential. It is this, in turn, which is central to maintaining a well performing economy. It is this virtuous circle that is our goal.


Despite the very significant level of national debt that still burdens our country, the tangible expression of our commitment to this goal can be seen
in significant resource allocations across a number of areas critical to realising children’s rights: in childcare, education, health, social protection and housing.

Nonetheless, we are clear that the work of rebuilding is just beginning. Significant challenges remain to be addressed, not least in relation to child poverty, which I will refer to again later.

Key Milestones since 2006


Recent history in Ireland exposed a catalogue of failings in relation to children. It was a failure this government was determined to address, and which is reflected in four key commitments in our Programme for Government:


• To give children and young people a voice in government decisions, we created a full Cabinet Ministry for Children and Youth Affairs for the
first time, with the new Department established in mid-2011;

• We put a referendum to the people, and children are now specifically recognised as rights holders in their own right in the Irish Constitution;


• We established on a statutory basis Ireland’s first major national dedicated Child and Family Agency in 2014; and


• Also in 2014, we published another first: Ireland’s first national policy framework for children and young people, 2014-20, entitled ‘Better Outcomes, Brighter Futures’.

• I would also point out here that, in 2014, Ireland signed and ratified the Optional Protocol on a Communications Procedure.

I believe these initiatives – formulated and executed during a particularly challenging period – are evidence of our continued dedication to realising an ambitious vision for Ireland’s children: that it be one of the best small countries in the world in which to grow up and raise a family.

Protecting the Most Vulnerable

I would like to mention a number of matters that illustrate our efforts to protect the more vulnerable members of society:

• We maintained the social security safety net by honouring an established commitment to maintain the value of child-related welfare payments at 33-35% of the minimum adult welfare rate. In general, social transfers played a role in cushioning the impact of the economic crisis on families and children. Where savings were achieved in universal cash transfers, these have been redirected into providing quality services for children, including, for example, the universal free pre-school programme; maintaining additional supports for over 25,000 pre-school children in disadvantaged areas; and making subsidised childcare supports more available to people parenting alone;

• We substantially increased the number of resource teachers and special needs assistants in the Irish school system; (by 29% and 13% respectively since 2011);


• We have made substantial capital investment in the children detention schools to allow us to finally bring to an end the practice of detaining children in adult prisons.

Reforming the Legislative Framework

While it is clear that in the past Ireland did not always listen properly to children’s voices, nor put their best interests first, this is being remedied. This is reflected in some significant legislative developments such as the Child and Family Agency Act (2013), and the Children and Family Relationships Act (2015).

On the legislative theme, I’d like to update the Committee on a number of key pieces of legislation enacted since the submission of our response to
the List of Issues. These include:


• The Children First Act (2015), which provides for mandatory reporting and related statutory safeguarding provisions; as well as removing the ‘common law’ defence of reasonable chastisement. I have already commenced this latter provision. There is no remaining defence in law, in any circumstance, for a child to be subject to corporal punishment in Ireland, including in the home;


• The Child Care (Amendment) Act (2015) which provides every young person leaving care with the right to an aftercare plan; and

• The International Protection Act (2015) providing for a single procedure for the examination of applications for asylum.

Re-starting the Programme of Investment

Since the Government launched its Action Plan for Jobs in early 2012, we have added almost 135,000 jobs to the economy.


Our Pathways to Work strategy is helping to ensure that a high proportion of these jobs are being taken up by people who were unemployed, including young people. Ireland’s unemployment rate has fallen from 15.1% to 8.8%.

This recovery is the result of the sacrifices and hard work of the Irish people and the ongoing delivery of this Government’s plan for recovery.


Ireland is committed to realising the rights set out for children in the Convention to the greatest extent possible. We are now much better positioned to achieve, at pace, the type of changes and results that are consistent with the Convention’s principles and objectives.


For example, government has invested in a number of priority areas – including children’s services, education, social protection, health and housing – in recent budgets:


• A 33% increase in the childcare budget, enabling every child in Ireland avail of free pre-school, including children with disabilities. Resourcing for a dedicated inclusion model for these children was part of this year’s allocation;

• A 5% increase in 2016 on the 2015 budget of the Child and Family Agency, to enable a more consistent and timely response to child welfare and protection services;


• An additional 2,250 new teachers and other measures to reduce class sizes, including 600 additional resource teachers;

• An additional €100 million in social protection measures for families with children;


• Additional funding to extend free General Practitioner care to all children aged 11 years and under, with the under-6 cohort already implemented;


• Additional funding for speech and language therapy services for children with disabilities;


• Improved funding of mental health services for children and young people;


• As well as a range of additional capital and revenue funding in respect of housing and seeking to specifically address homelessness among
families.


Challenges

Child Poverty

The Irish Government acknowledges that experience since 2006 presents a mixed picture. Challenges continue to unfold from, or have been
exacerbated by, the crisis that enveloped us.


Key amongst these is a marked growth in the rate of child poverty. Despite our efforts to redirect supports to protect the most vulnerable children and families, the fact is that in 2014, 1 in 12 children in Ireland lived in consistent poverty. This is a cause of considerable concern to the Irish government.


In recognition of the higher risks and life-long consequences of child poverty, the Government set a child-specific poverty target in Better Outcomes, Better Future: The national policy framework for children and young people 2014-2020. The target is to reduce consistent child poverty by at least two-thirds on the 2011 level, or the equivalent of 100,000 children (based on the latest 2014 data).


In support of the target, the Government is implementing a whole-of-government approach to tackling child poverty, building on the lifecycle approach in the National Action Plan for Social Inclusion 2007-2016 and informed by the European Commission’s Recommendation on ‘Investing in children: Breaking the cycle of disadvantage’.


Homelessness

Addressing homelessness is a major challenge. It is a very complex problem, and one government takes very seriously, as reflected in a multi-faceted policy response, with prioritised resource allocation.


Significantly, our Social Housing Strategy 2020 restores to the State a central role in providing social housing. I can assure the Committee that the Irish government will continue to create and deploy innovative approaches so that every child and their family has a place to call home.


Better Outcomes Brighter Futures


Family homelessness and child poverty are, correctly, the major challenges that are very much in the public eye. But the breadth of the children’s agenda is fully reflected in Better Outcomes, Brighter Futures, from the broad universal investments we make in all children, to targeted supports for more disadvantaged children so that all have the opportunity to reach, their full potential.


It’s a long list and represents a clear roadmap of Ireland’s commitment to realising the rights of all children. It makes clear that we have a good way to go yet, but ensures that nothing will drop off our agenda to achieve real improvements in the situation and prospects of all children and young
people.


Conclusion

• We fully recognise that we must continue to work hard in order to fully realise the standards and objectives of the Convention. Principally, our efforts now include, continuing structural reform and investment to improve the quality and responsiveness of services to respect children’s rights; and continuing to build and implement legislation and policies that recognise the rights of children and young people and allow for their vindication. Specific initiatives include:


• Homelessness, including family homelessness, will be one of five selected priority areas for 2016 along with Child Poverty under Better Outcomes Brighter Futures;


• Work on a comprehensive review of the Child Care Act 1991 which provides the legal framework for promoting the welfare and protection of children will be commenced;


• Work will be advanced on developing a framework for inter-departmental and inter-agency links for those at risk of educational disadvantage. This will ensure greater cohesion and cross-sectoral cooperation for future delivery of these initiatives.


• A range of legislative developments relating to criminal law sexual offences; and protections for victims of crime (already significantly advanced) will continue to be pursued. This will allow us to ratify the Second Optional Protocol to the Convention.


• Investments in the areas of education; child welfare and protection; homelessness; primary care health services; therapy services and mental health services will come to bear on service provision in 2016 and Better Outcomes, Brighter Futures sets the roadmap for future investment as resources allow;


• The International Protection Act will be implemented;


• My Department will also further explore advancing the area of children’s rights and equality as a conjoint project with civil society under the Advisory Council of Better Outcomes, Brighter Futures.

Before concluding, I wish to take the opportunity to acknowledge and commend the huge contribution which civil society and non-governmental bodies at all levels make to protecting and advancing the rights of children in Ireland. We appreciate their input both domestically and also
in this process. Similarly, I wish to recognise the marvellous work of the Ombudsman for Children. Their energetic and often pioneering work,
particularly on behalf of vulnerable children, continues to be a vital element in the State’s achievement of the standards set out in the
Convention.

I speak on behalf of my entire delegation when I say that we are looking forward to engaging with you over the course of the day.

Thank you