Seán Kenny (Dublin North East, Labour) | Oireachtas source

Yesterday I referred to the UK case of Ian Huntley as an example of how a child abuser could remain under the radar for almost a decade. His case is relevant to this legislation. On the day of Huntley's conviction the then UK Home Secretary, David Blunkett, announced an inquiry into a vetting system which allowed Huntley to get a caretaker job at a school despite four separate complaints against him being brought to social services.

One of the pertinent issues surfaced almost immediately when the Humberside Police Force, in whose area the alleged offences had taken place, stated that they believed it was unlawful under UK data protection legislation to hold data regarding allegations that did not lead to a conviction. This was contradicted by other UK police forces, which thought it was too strict an interpretation of the legislation. There was also considerable concern about the police investigation into the murder by the Humberside Police Force. It took two weeks before the police became aware of previous sexual allegations against Huntley. Although he was the last person to see either of the two children, the story was not effectively checked out early in the investigation.

Another sad set of circumstances showing the need for robust procedures for vetting those working with children and vulnerable people surrounds the scandal in Irish swimming circles which came to light over a decade ago. I mention this because the litany of abuse that occurred was horrific and involved more than one individual. It included Mr. Derry O'Rourke, the coach for the Olympic Games in 1980 and 1992. He was convicted on 27 sexual abuse charges against minors and sentenced to 12 years imprisonment in 1998. He received a further sentence of ten years in 2005 for repeated rape and indecent assault of a female swimmer between the ages of 14 and 18.

All of this shows the need for a robust system of vetting, with accurate records that will ensure that police and social services can provide information if required and employers can verify that would be employees have no questionable histories that might jeopardise the wellbeing of children. In this regard, employers should seek references from more than one previous employer. A reference from one employer is not sufficient. With vetting in place, people like Huntley and O'Rourke could never work again in positions where they might have access to children and vulnerable people.

In September 2008, the Joint Committee on the Constitutional Amendment on Children recommended that the existing vetting procedures be put on a statutory basis. The joint committee also recommended that legislation be introduced to regulate and control the manner in which records of criminal convictions and information can be stored and disclosed by the Garda Síochána and other agencies for the purpose of child protection. In that regard, I refer to some of the Fianna Fáil criticisms of the Bill. Despite the fact that it was recommended in 2008 that the amendment be made and the necessary legislation be published no later than December 2008, the Government did nothing about the matter for many years. Their criticisms fall far short, when one considers what they did when they were in office. The Bill provides that statutory footing.

The Bill also seeks to provide an appropriate balance between the need to disclose such information in the public interest and in the interest of protecting children and vulnerable adults and providing appropriate safeguards of the rights of persons who are the subject of such disclosures.

There will be criminal penalties for any employer who fails to screen potential employees to ensure the protection of children and vulnerable adults. Where a person has been convicted by the courts or found to be a danger to children or vulnerable persons, a clear legal basis to ensure that potential employers will be made aware of the facts must be provided.

The Government is committed to ensuring the safety of children and vulnerable persons and that they are protected to the fullest extent possible. I look forward to playing my part as a legislator in protecting those members of society who ought to be protected.

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