Jerry Buttimer (Cork South Central, Fine Gael)

I welcome the Minister, Deputy Alan Shatter, to the House and compliment him and the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, on their ongoing efforts to safeguard children and other vulnerable individuals in our society. The Minister, Deputy Shatter, indicated in his opening statement that the primary purpose of this Bill is to close an existing loophole in the law. There is something in the Irish psyche that tends to embrace loopholes and seek to obfuscate and abdicate responsibility in certain areas. I am glad we now have a Minister for Justice and Equality and a Minister for Children and Youth Affairs who are committed to ensuring that we do as we have said we will do, namely, safeguard the well-being and welfare of children.

As other speakers observed, we have had a litany of reports in recent years illustrating a legacy in the area of care for children and vulnerable adults of shameful neglect, abdication of responsibility, betrayal and a failure of accountability on the part of the State, the church and individuals. The publication last week of the report on the deaths of children in care highlighted the State's failure to protect these most vulnerable of children. This Bill is not about a particular setting or institution but encompasses institutional abuse, clerical abuse and abuse within the family. As other speakers have pointed out, the majority of abuse takes place in the home. It is vital that we have a joined-up approach to child protection. This Bill joins the Children First Bill and the legislation on vetting and will be followed, hopefully in October or November, by a referendum on children's rights. That referendum is about protecting those most in need of our protection. The 1916 Proclamation pledged to cherish all of the children of the nation equally. As Mr. Geoffrey Shannon, one of the authors of last week's report, observed, the Constitution must not be a barrier to State intervention to protect children. Rather, it should include an obligation on the State to aid and assist those children and vulnerable adults most in need of care.

This debate should not be confined to this Chamber but must also take place across the wider society, in the living rooms, kitchens and dining rooms of every house in the country. If the Minister, Deputy Shatter, leaves office without achieving anything other than his work in the area of child welfare and protection, he will have done a very good day's work. As Deputy Joe Carey observed, for 16 years or more we have had a complete abdication of responsibility. In the Chamber this morning the leader of the Fianna Fáil Party reminded us once again of his own failure to act when in government. We must, as a society, look back in order fully to understand the deficiencies in the system, while also looking forward with a determination to put in place systems that adequately protect children and vulnerable adults.

In 1996, the then Government undertook to place the mandatory reporting of child abuse on a statutory footing. It is only now, in 2012, that the necessary actions are being taken to ensure that level of protection is in place. As Chairman of the Joint Committee on Health and Children, I have been overseeing the scrutiny of the draft heads of the Children First Bill for the past two months. I pay tribute to the delegates who have attended committee meetings, the agencies who have offered submissions, both oral and written, and the committee members for their work in analysing all of the information. Our report on these hearings will be published tomorrow.

The Bill before us today creates a criminal offence of withholding information in regard to serious offences committed against children and vulnerable adults. It places an obligation on persons who have knowledge of or belief that such a crime has been committed to report it to the Garda. The Bill does not, however, require a person to report or submit a suspicion - there must be knowledge or belief. I welcome the defences contained in the Bill to protect those who act in the best interests of children and vulnerable adults. Those of us involved in the care and education of children and vulnerable adults are well aware that one size does not fit all. In this regard, I welcome the provision that where a victim of abuse is over the age of 14 and has sufficient capacity, deference must be given to his or her request that information is not passed on to the Garda. I also welcome the inclusion of a defence where a parent, guardian or designated professional does not disclose information in the belied that he or she was acting in the interest of the health and well-being of the child or vulnerable person.

As part of my preparations for the committee's scrutiny of the heads of the Children First Bill, I have spoken at length to representatives of the Samaritans. They make a number of interesting observations regarding their work, not least of which is that most of their interactions take place by way of their 24-hour telephone helpline. I understand this amounted to some 1,069 listening hours per week for 2011, with similar volumes of calls expected this year. The vast majority of these contacts are anonymous. I urge the Minister to take on board the views expressed by the Samaritans. The confidential helpline affords callers a safe space in which to express their fears and concerns. As such, the value of reporting certain conversations may be outweighed by the support counsellors can offer to the caller. It is vital that the provisions of this Bill do not impinge in any negative way on the work of the Samaritans. I hope that will not be the case.

The Government, led by the Minister for Justice and Equality and the Minister for Children and Youth Affairs, is delivering on its reform agenda in regard to the welfare and safety of children. This Bill is part of a suite of measures that will culminate in the referendum on children's rights. That referendum should be held in the autumn and must be a standalone ballot. In the lead-up to the vote, there will undoubtedly be some who seek to enter into side debates on other issues. We must get the message out that this is about protecting children, first, second and last. That is the task we have been given as Members of this House, of all parties and none.

The Government is taking a three-pronged approach to put in place a child protection system that delivers for children, families and society. In its approach to this Bill and the Children First Bill, the Government has been very open in encouraging consultation and debate. The Children First proposals have been scrutinised by the Joint Committee on Justice, Defence and Equality, while the heads of the Bill we are discussing today were debated by the Joint Committee on Health and Children. That process has allowed for a strong level of public consultation and engagement, with findings being fed back to the relevant Ministers. As I said, the health committee concluded its public deliberations on the heads of the Children First Bill yesterday. In addition, we received many written submissions from interested parties. Those submissions were wide-ranging, in-depth, interesting, thought-provoking and challenging. They came from people who wanted to participate and express their viewpoints. That demonstrates that this legislation places a value on the role of the child in society. It also shows that we are all equal, from the vulnerable most in need of the State's help to those who charged with the responsibility of care. If we learned nothing else last week, it was that there can be no further reneguing on responsibility and accountability.

The new child and family support agency heralds a new beginning with a new code of ethics, responsibility and morality regarding the care of children. In developing this legislation we have listened and are open to suggestions. We must ensure that we are consistent in our approach and definitions. Having different definitions of vulnerable people in various pieces of legislation can lead to confusion. Where possible, therefore, we should try to use the same definition and language, although I accept that it may not always be possible to do so.

The Bill defines a vulnerable person as someone suffering from a disorder of the mind, who has an intellectual disability, or is suffering from an enduring physical impairment or injury which is of such a nature or degree as to severely restrict the capacity of a child to guard himself or herself against serious exploitation or abuse. The Bill touches on the issue of capacity, which is a complex area where our laws still rely on outdated and arcane rules. Comprehensive reform of our capacity legislation is required, which will benefit the most vulnerable people as well as their families and those who care for them. We should have a scheme which acknowledges that there are varying degrees of capacity, in order to facilitate people in making their own decisions, while recognising that in some instances people need support in taking decisions.

I am pleased to have had an opportunity to speak on this Bill. As I mentioned earlier, I chaired the Committee on Health and Children that dealt with the heads of the Children First legislation. This Bill is significant and I hope it will attract cross-party support, thus showing that we all take seriously our responsibilities regarding the protection of children.

See this speech in context