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Seanad
‹ Order of Business

Ban on corporal punishment

Summary

Senators support the Council of Europe finding that Ireland’s failure to clearly prohibit physical punishment breaches children’s rights; unrelated condolences and welcomes follow.

As deputy leader of the Irish delegation to the Council of Europe - I note that other Members present are members of the Council of Europe - I am delighted that the Council has made a ruling that the lack of a clear ban on the slapping of children is a violation of young people's rights. Europe's top human rights body today ruled that Ireland's laws on corporal punishment are in breach of the European Social Charter, the signatories of which promise to protect children and young persons against negligence, violence or exploitation. While legislation which allowed parents to use force against children was repealed almost 15 years ago, there is still the defence of reasonable chastisement in common law for parents or child carers. In response to the ruling, the Minister for Children, Deputy James Reilly, is expected to pledge later today to explicitly ban the smacking of children in foster or residential care through new regulations. It is not good enough just to ban it; those in foster homes or anywhere else should not be allowed to physically slap or beat children. That was the issue with abuse in the Magdalen homes, by the brothers and elsewhere in the past. They used corporal punishment to attack young children. This is a great ruling. As a member of the Council of Europe, I am delighted it has made this ruling and the Government should follow up as quickly as possible. There is no justification for such abuse - for slapping a child. Children should be cherished. I hope the Government will move quickly in this regard.

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I add my voice to yesterday's comments on the success of the "Yes" vote in the marriage equality referendum. It was a great day. The celebrations in my home town of Dundalk were wide and vast that day. I also express my condolences to the family of Bill O'Herlihy on their loss. People referred to the atmosphere in Ireland on Saturday as being similar to that of Italia '90. Nobody signified, appreciated and brought Italia '90 better to our television screens than Bill O'Herlihy. I express my sympathy to his family on their loss.

I also welcome students from a school in Dundalk to the Visitors Gallery. I recognise the uniform. They are very welcome.

I call for a debate at the earliest opportunity on the issue of medical cards with Minister for Health, Deputy Leo Varadkar. I have received ongoing representations, but in recent weeks I received representations from two people regarding their applications which gave rise to concern. One person had been in possession of a medical card for five years, while the other had had one for more than 15 years and that person had received no notice of a review. In one case, the person had had a very significant diagnosis, yet he or she had no notice that a review was to take place. The medical card office had to be telephoned, it was discovered that the forms had never been received and in the meantime the person's medical card had expired. In that case, the person was fortunate in that the doctor and pharmacist were still working on the understanding the person had a medical card, but six months now having elapsed, the card has expired. Both of those who have called to me will be left without a medical card. The lack of communication in the Department is unbelievable and unacceptable, particularly when the people in question had previously been in possession of a medical card. They have long-term illnesses that will not go away and their medications and condition are not going to change. What has happened has inflicted an undue level of stress on them. I request a debate on this issue with the Minister in attendance at the earliest opportunity.

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