Oireachtas Joint and Select Committees

Tuesday, 19 November 2013

Joint Oireachtas Committee on Health and Children

Sixth Report of Special Rapporteur on Child Protection: Discussion

5:40 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I echo the Chairman’s words and compliment Dr. Shannon on his comprehensive presentation today. One can see his dedication to the cause. We are fortunate to have someone in his position with his experience and of his calibre. I also compliment Senator van Turnhout on suggesting that we invite Dr. Shannon to discuss his most recent report with us. My understanding is that this is the first time his report has come before the Oireachtas Joint Committee on Health and Children. It is a very positive development. When someone of Dr. Shannon's experience and calibre makes the effort to put together a report it is important that the Oireachtas debate it.

It is even more important to have a mechanism to implement the proposals brought forward because it makes no sense whatsoever for a report to gather dust. Unfortunately, key recommendations of previous reports have not been implemented. We should learn from that experience. I call on Government to put in place a mechanism to implement recommendations. It is a very comprehensive report which goes into many areas in great detail. In light of the recent incidents involving Roma children, does Dr. Shannon feel that the Child Care Act 1991 needs to be amended? Has the Department or any agency consulted Dr. Shannon about that? He spoke of the important role of public health nurses and of mental health. These are extremely important issues. Does he have reservations about the fact that they will not fall within the remit of the new child and family support agency, the legislation for which is being debated in the Oireachtas now?

I brought forward a proposal for legislation on cyberbullying, based on Dr. Shannon's previous report. As he says, our legislation has not kept pace with advances in technology and cyberbullying is having an awful impact on the psychological well-being of our children and teenagers. We have seen horrific examples of teenagers taking their own lives. Has Dr. Shannon had a chance to read that legislation? If not, we can forward a copy of it to him.

Some months ago there was a report in The Sunday Business Post to the effect that the HSE, at a time when resources where at a premium, was spending in the region of €30 million per annum for the guardians ad litem to ensure the right of the child to be heard. Would Dr. Shannon comment on that and advise how resources might better be spent or how we could do this better?

A fundamental principle of law is that court proceedings should be held in public. That does not apply to family law, in order to protect the identity of the child. In fact, however, it not only protects the identity of the child, it also protects poor practice and inconsistency. The Minister for Justice and Equality is bringing forward proposals in the Courts Bill 2013 to open that out. Dr. Shannon might make some suggestions about that. The Government should make explicit in the next budget how the needs and the rights of the child are taken into account, in particular those of children with disabilities. Unfortunately the past few budgets have targeted children, if one considers the cuts to child benefit and the abolition of the career guidance counsellor post, a service that is critically important to teenagers. I would like to hear how Dr. Shannon believes children’s rights could be taken into account in the budget. I do have other questions and hope that I will have an opportunity to speak later on.

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