Brian Lenihan Jnr (Dublin West, Fianna Fail)

There was no lack of enthusiasm to move to north Tipperary. Deputy Enright also raised the question of our liaison with pre-employment consultancy services in Northern Ireland. At the first meeting of the North-South Ministerial Council on 3 February 2000, the council decided to establish a joint working group on child protection as one of a number of working groups to take forward matters for co-operation having regard to the common concerns and interests of both sides. That group was to develop proposals in consultation with the relevant Departments to establish a confidential mechanism across the United Kingdom and Ireland for the reciprocal identification of persons who are considered to be unsuitable to work with children and young people. At the end of 2000, the group submitted a report. The council agreed on the broad approach taken by the group and signalled its desire to have detailed proposals for legislation prepared. The council also agreed that the Department of Education and Science would consult with the education partners on the recommendations made by the group.

The main thrust of these proposals is to provide structures so that people who are a risk to the safety of children can be prevented from being employed in schools. The proposed legislation would comprise the establishment on a statutory basis of a register for persons who are considered unsafe to work with children; a framework for co-operation and liaison between the relevant bodies in the health, justice and education spheres; provisions for access to the register which have due regard to child safety and the rights of individuals; the creation of a right of appeal against the registration to an appeals body; co-operation with the agencies responsible for similar registers in other jurisdictions; and cross-interrogation of the register in this jurisdiction by appropriate authorities in the others and vice versa.

The Department subsequently prepared a draft discussion paper on these proposals which it was intended to circulate to the education partners. However, before this work was completed the Department was informed of the establishment of the cross-departmental working group on Garda vetting. That working group examined the question about which Deputy Enright asked me. It was considered wiser to await the recommendations of that group before engaging in discussions with the various interest groups. Since then, most of the work has been given to extending the Garda vetting services.

In a decision earlier this year, the Government transferred responsibility for progressing this legislation from the Minister for Education and Science to me. I will take an interest in the matter. I must say, however, that the harmonisation of the child protection legislation in this jurisdiction with the legislation and practice that obtain in the United Kingdom is not a simple matter. The United Kingdom does not have a written constitution containing an unequivocal guarantee of protection for the good name and reputation of a citizen, whereas we do. That is a fundamental difference of approach with regard to restrictions. I am concerned to ensure that we forward proposals on child protection. The establishment of the vetting unit, with a mandate to extend the relevant protections to all sectors, was a necessary first step in developing a robust child protection system.

The next step we must examine is the full implementation of the recommendations in the Ferns Report. Legal advices have been obtained concerning the inter-agency groups, which suggest that particular recommendation will need to be put on a legislative foundation. I intend to bring proposals to Government in that regard. When that is accomplished, the wider North-South aspects can be examined. This is a complex area, however, and an intensive examination of these issues is being undertaken by the Attorney General's office.

See this speech in context