Dan Neville (Limerick, Fine Gael)

I am sharing time with Deputy Donohoe and Deputy Áine Collins.

I welcome the opportunity to speak on the Criminal Justice (Withholding Information on Offences Against Children and Vulnerable Persons) Bill. It places a duty on all people, not just health professionals or others working with children, to report certain specified, arrestable offences to the Garda. It defines "arrestable offences" to clarify what offences should be reported. It applies only where there is actual knowledge or belief about an offence.

I wish to deal with the effect of child abuse, and the Bill is a very important intervention in this matter. We all abhor child abuse and repeatedly talk of that abhorrence, but it is important to understand its effects and the destructive outcomes for children. When child abuse occurs, the victim can develop a variety of distressing feelings, thoughts and behaviours. No child is psychologically prepared to cope with repeated sexual stimulation. Even a two year old who cannot know sexual activity is wrong will develop problems as a result of his or her inability to cope with over-stimulation. A child of five years or older who knows and cares for the abuser will become trapped between affection or loyalty for the person and the sense that sexual activities are terribly wrong. If the child tries to break away from the sexual relationship, the abuser may threaten the child with violence or loss of love. A child who is the victim of prolonged sexual abuse usually develops low self-esteem, feelings of worthlessness and abnormal or distorted views on sex. The child may become withdrawn or mistrustful of adults. He or she can become suicidal. Children who have been sexually abused have difficulty relating to others, other than on sexual terms. Some become child abusers or prostitutes or experience other serious problems when they reach adulthood.

There are often no obvious physical signs of child sexual abuse. A number of signs can be detected through physical examination by a doctor. Sexually abused children may develop an unusual interest in, or avoidance of, things of a sexual nature. They can experience sleep problems and often have nightmares. They can suffer depression and become withdrawn from friends or family. They might make statements about their bodies being dirty or damaged. They might think there is something wrong with them in the genital area. They may refuse to go to school, or become delinquent and have behavioural problems. They often become secretive. They sometimes display aspects of their sexual molestation in their drawings, games or fantasies. They may be unusually aggressive. The child may be extremely fearful of telling someone, although he or she might talk freely when a special effort has been made to help him or her to feel safe. If a child says he or she has been molested, parents should try to remain calm and reassure him or her that what happened was not his or her fault. Of course, they should seek a medical examination and psychiatric consultation.

As the Minister has a great deal of expertise in family law, I take this opportunity to raise the issue of the publication of reports of proceedings of family law cases. We must ensure that those reports do not contain any information that would identify the parties or any child to which the proceedings relate. I raise this issue because I recognise the Minister's international reputation and expertise in that area.

A key aspect of our justice system is that it is open to public scrutiny and can be evaluated by citizens. Another aspect is that legislators can evaluate and examine the way legislation operates in practice through the media reports on the effects of legislation. The publication of information will assist the public and ourselves as legislators to evaluate the effectiveness of our legal system in this area.

The family courts have taken an increasingly central role in the legal process in overcoming difficulties in relationships, particularly regarding the custody of children. We should examine whether our family courts protect the rights of children, and the rights of children is to know their parents and be parented by both parents regardless of whether they are married, divorced or separated, other than in exceptional cases where there is violence involved. Family law cases in this area usually deal with parents whose marriages have broken down or who are divorced. The children should be central to the issues examined by the courts. As a result of our lack of knowledge in this area, the Minister might use this occasion to give a quick briefing on the position.

As I stated, a child should have automatic access to both parents. We must evaluate whether the family law courts are operating according to this premise. A child should have the right to know and have access to all elements of his or her family tree, including genealogy and medical information. Society and the State should support mothers and fathers equally, for the benefit of society as a whole, in seeking to be equally involved in the shared parenting of their children both within relationships and marriage and through the promotion of the concept of joint custody of children as a normal expectation in the cases of separation and relationship breakdown.

The previous speaker mentioned children's rights and mental health facilities for children. Regarding the mental health of children, it is accepted that early intervention and treatment is crucial to full recovery in respect of child and adolescent psychiatric difficulties. We should have a recovery approach to the area of children's mental health. Children have a right to enjoy the highest possible standard of mental health. They have the right to enjoy a sense of well-being, control over their lives and the ability to realise their potential. Good health comes from having a balance in terms of all aspects of life - social, physical, spiritual and emotional. To vindicate the right to mental health, children need a supportive environment for themselves and their families and appropriate support and services when they experience difficulties. I appreciate the Minister is not directly involved in this area but I wanted to raise the issue with him. The Minister of State, Deputy Kathleen Lynch, is very committed to this area but I am concerned about her success in regard to the €35 million allocated by the Government to the area of community-based mental health services.

A child's right to mental health today is far from vindicated. In a shocking violation of their human rights, children continue to be treated in adult inpatient units. Children face unacceptably long waiting lists for mental health services. There is patchy service provision across the country, responses that fail to meet basic needs and a lack of focus on early intervention and promotion that could prevent future problems for children.

With no national directory of services, navigating the system can in itself be a nightmare for children and their families. Insufficient supports are provided for Ireland's most vulnerable young people - those in the care and youth justice systems. The mental health system fails to effectively link with the education system in early years, and the first point of contact for children outside of the family is a crucially missed opportunity. Children's rights must be respected to ensure that each and every child is able to reach their full potential. That is not a pipe-dream but a vision that should become a reality.

In regard to child abuse, the initial and short-term effects of the sexual abuse of a child usually occur within two years of the termination of the abuse. These effects vary depending on the circumstances of the abuse and the child's stage of development. They may include regressive behaviour such as a return to thumb sucking or bed wetting, sleep disturbance, eating problems, behavioural or performance problems in school and non-participation in school and social activities. The negative effects of child abuse can affect victims for many years and into adulthood.

Adults who were sexually abused as children commonly experience depression. High levels of anxiety in these adults can result in self-destructive behaviours such as alcoholism, drug abuse, anxiety attacks, situation specific anxiety disorders and insomnia. Many victims encounter problems in their adult relationships and adult sexual functioning. Revictimisation is a common phenomenon in children who were abused as children and research has shown that child sexual abuse victims are more likely to be victims of rape or be involved in physically abusive relationships as adults. The point I am making is that we often do not fully understand the effects of child sexual abuse on the life opportunities and experience of people who suffer it.

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