Michael Colreavy (Sligo-North Leitrim, Sinn Fein) | Oireachtas source

This State has had a poor record of protecting children. We are all too familiar with the harrowing tales from industrial schools, general schools and clubs where children were left open to abuse by predators. The State did little or nothing to protect them. We are also acutely aware of the occasions on which children were abused in their own homes, where they were entitled to protection and love. No one stepped in to stop their pain, including, on occasion, the health authorities dealing with the families. Child safety and the safety of vulnerable people are of paramount importance. They probably comprise the most important provision for which we, as Members, can legislate. We must ensure the highest standards are in place to protect the young and vulnerable.

The purpose of this Bill is to regulate and control the manner in which records of criminal convictions and information, including so-called soft information, can be stored and disclosed by the Garda Síochána and other agencies for the purpose of child protection. Soft information may include, but is not limited to, circumstances in which an allegation of child abuse is made against a person although it does not result in a conviction. It includes conclusions from investigations of child abuse or neglect that have been conducted by the HSE, where such investigations have concluded that a person poses a threat to children or vulnerable persons.

Vetting procedures are already a requirement under the Children First national guidelines. Approximately 300,000 vetting applications are processed by the Garda vetting unit each year. The primary purpose of the Bill is to put the procedures that have been developed to vet the applicants into law. More important, the Bill makes it mandatory for persons working with children or vulnerable adults to be vetted, whereas at present this is done on the basis of a voluntary code. The Bill will also create offences and penalties for persons who fail to comply with the provisions of the Bill.

As matters stand, only hard information, such as a conviction, can be used in the vetting process. This leaves a gaping hole in relation to the dangers that children or vulnerable people could be exposed to. A problem may arise in that a person who is reported to the Garda but is never convicted, perhaps due to lack of sufficient evidence or a technicality, could still pose a significant risk to children. There is a clear argument for sharing soft information as it could prove vital in preventing further cases of abuse of children or vulnerable people.

In exceptional circumstances, and only in such circumstances, and in the interest of the protection of children as a paramount public policy consideration, Sinn Féin is in favour of the dissemination of soft information. However, we believe it must be very carefully managed, with independent oversight, and subject to robust safeguards. We are carefully examining the provisions of the Bill to ensure this is managed correctly, in addition to ensuring full human rights and data protection compliance. Those provisions concerning soft information should only deal with information that has been brought to the attention of the Garda or HSE.

It is important that a person who is to be placed on a soft information list will be notified of this fact and will be given the chance to appeal the limits set upon them by being placed on this list, prior to any request for vetting by a third party. It is also essential that the one central vetting unit store all information in compliance with data protection legislation. There must be no confusion as to the types of information applicable to this legislation. Notice must be given of the types of employment likely to be affected and, furthermore, notice must be given of the period for which a person's name will remain on any list. Only after a person is informed of his or her name being placed on a list and given adequate time to appeal should any third-party request for information be processed.

The legislation must be reviewed periodically and those eligible for removal from the list on the basis of inaccurate information being held must be removed permanently and promptly.

While we cannot underestimate the importance of using this legislation to firm up child protection measures, we also cannot underestimate the need to keep such information confidential and to make available on a strictly need-to-know basis. There must be a statutory obligation on a receiving agency or employer not to store or disseminate vetting results disclosed to it by the vetting bureau beyond what is strictly necessary. Severe penalties must be applied in respect of any breach of this obligation.

In the interest of fairness, we must also ensure limited restrictions to contesting discrimination where a person believes that an employer has acted above and beyond that which is required by the vetting soft information list. We urge the Government strongly to examine the option of introducing an independent body to investigate appeals.

The protection of children and vulnerable people is paramount. The Government has an opportunity to right some of the wrongs that have been committed against children. Sinn Féin will support this legislation. However, legislation without a means of implementation is worthless and we will seek to ensure that the necessary resources are in place to achieve the Bill's objectives.

I disagree with Deputy O'Donovan's suggestion that the voices of small groups in opposition to the children's referendum should be silenced on the basis of the broad all-party agreement. As legislators, we should never assume that we are all-knowing and all-wise. The people are entitled to hear every opinion from all sides of the debate, even if an opinion is from a small, unrepresentative group. People have the intelligence and maturity to cut through the points made by such groups and to reach the proper conclusion. In this light, it would be wrong of us to try to silence the voice of dissent. Parliaments often make the mistake of legislating on the assumption that they know better than everyone else.

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