This is incorrect. As John Waters pointed out in relation to the ‘Roscommon case’ in the Irish Times on Sept 28 “At no time was any application by the health board rejected by any court, on constitutional grounds or otherwise” ([broken link removed]). There appears to be a bit of a myth around that constitution prevents social workers intervening in serious cases of child abuse but that is simply not the case.
Again, there is no evidence to support this. The Gibbons’ report does mention a ‘Mrs B’ and some local persons but ‘defending the sanctity of the family’ is not the reason Mrs A obtained the High Court order.
In fact it doesn’t appear to be particularly difficult to take children into care in Ireland. 2,287 children were taken into the care of the HSE last year (an increase of 113% on the previous year), (
http://www.irishexaminer.com/ireland/number-of-children-taken-into-care-doubles-201087.html) and this would indicate that obtaining such court orders is not a particularly difficult procedure. Neither does there appear to be any evidence of ‘right-wing Catholic’ groups frustrating the will of the HSE (or if they are, they are not particularly successful).
Again, this is incorrect. The Supreme Court judgement is available here (
http://www.courts.ie/Judgments.nsf/...b43e456d7a8eea87802572250052b81b?OpenDocument). The case is complex, but at no stage do the learned judges say the “because the "Family" is enshrined in our Constitution, this had more legal sway than any potential rights of the child herself”. In fact, the judges stress that it is “the interests and welfare of the infant” with which they are concerned.
In summary, the main reasons (i.e. the Roscommon case and Baby Ann case) for the proposed amendment quoted by pro-amendment posters, (e.g. posts #9 and #28) are misinterpretations of the cases or are simply plain wrong. Neither does there appear to be any serious impediment to the HSE taking children into care. As for these ‘right-wing Catholic’ groups interfering in child custody cases this appears to be more of myth than of substance.