James Reilly (Dublin North, Fine Gael) | Oireachtas source

I move amendment No. 28:

In page 12, line 20, to delete “reasonably require.” and substitute the following:“reasonably require and is, in the opinion of the Agency, necessary and proportionate in all of the circumstances of the case.”.

The Bill provides that the agency may request mandated reporters to provide assistance to the agency. Assistance is defined as the provision of verbal or written reports, attendance at meetings, and the production of any document or thing. Nevertheless, a request for information must be necessary and proportionate in the context of the individual case. Therefore, general requests for files would not be considered reasonable or proportionate. Only specified information or records with specified information which are relevant and necessary in order to assess the child’s need for care or protection can be sought. Mandated reporters who provide information to the agency in this context will be protected from civil liability.

The section also provides that the Child and Family Agency may share information concerning a child who is the subject of a report with a mandated person who is assisting the agency but the sharing of that information shall only be that considered by the agency to be necessary and proportionate in the circumstances of the case. This is to avoid additional, unrelated information becoming too available to people when it should not be. This particularly relates to doctors' records and other records that may concern matters unrelated to the child care protection issue.