Ombudsman Emily O'Reilly has provided the public with details of a harrowing case where three children in residential care were denied long-term fosterage because of the inflexibility of health board officials. And while the Health Service Executive (HSE) has accepted her report, it is a racing certainty that the issue of accountability has been ignored.
The interests of children should come first. But, as Ms O'Reilly commented in this case, the attention of key officials was focused on regulations and the bottom line. Discrimination against children is practically hardwired into our society. Article 24 of the Constitution, which deals with the family, declares the rights of parents to be "antecedent and superior to all positive law". And, as the Supreme Court decided in last year's controversial Baby Ann case, adoption procedures may be overturned in favour of natural parents.
Following that case, Taoiseach Bertie Ahern announced his intention to hold a referendum on the rights of children, but was prevailed upon to wait until after the general election. Apart from dealing with sexual offences and other matters, the plebiscite is intended to remove a legal barrier to the adoption of children in long-term care. Now that the election is over, it is time to consider such matters in a calm atmosphere. In that regard, the dissenting judgment by Catherine McGuinness in the Baby Ann case bears contemplation. She argued that constitutional change should empower children and embrace elements of the United Nations Convention on the Rights of the Child.
Changing the Constitution is the simple part. Changing mindsets, in-built prejudices and bureaucratic intractability is more difficult. Without such wide-ranging reform, however, innocent children and their innate potential may remain trapped in a quagmire of political neglect, bureaucracy and red tape. We have an appalling record when it comes to their treatment.
In this particular case, an investigation by the Ombudsman led to an extremely critical report being issued in July 2005. Publication was deferred, however, in the hope the children might still be fostered with the couple in question. That did not happen. And an opportunity was lost. The facts are complicated and there were unforeseen complications. But at the heart of it all was a dysfunctional administration. For the HSE to put its hands up now is not enough. Unless those responsible are held to account within the bureaucratic structure, nothing will change. Our most vulnerable children deserve at least that level of protection.