Dáil debates

Friday, 11 October 2013

Child Sex Offenders (Information And Monitoring) Bill 2012: Second Stage [Private Members]

 

12:20 pm

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael) | Oireachtas source

I wrote most of it. The important point is that precision with words is often more useful than rambling about issues that are not especially relevant.

Having debates on Fridays is very important. Without Deputy Naughten's Bill, the House would not have had an opportunity to debate this fundamental issue for two or three hours. Friday sittings are a fundamental part of the reform agenda as they offer Deputies an opportunity to debate serious issues without the Punch and Judy type approach that characterises many debates in the House.

On behalf of the Minister for Justice and Equality, I assure Deputy Naughten of the Government's collective determination to resolve this issue and bring it over the line, as it were. As the Deputy correctly noted, the outcome of the consultation process was published three years ago and it is now time for action. By steering this Bill through the House, Deputy Naughten is placing the Government under pressure to resolve this issue.

As previous speakers noted, we have had reports in this area for the past decade and a half to two decades. These have provoked the public conscience in a way that most people would never have thought possible and placed the issue of child protection at the forefront of political and social debate. We must not rest on our laurels or pretend all the legislation or schemes that have been put in place are perfect or that the various agencies engaged in this area, from national schools up to the Health Service Executive, provide a panacea. We must always take a critical approach to the question of whether we are producing the best and safest environment for our children.

As I stated, all available evidence shows that the great majority of cases of child sexual abuse take place within extended families. For the most part, the issue is not one of stranger danger. For this reason, in dealing with child sexual abuse, we must examine the wider problem we face. I hope society, which has changed and become more tolerant and open as a result of the legislative and constitutional changes introduced in recent decades, will reflect this reality.

I have great sympathy for those involved in our national school system. The Acting Chairman, as a former national school teacher, will be aware that one of the fundamental educational changes in recent years has been the introduction of a child-centred approach. The great majority of primary school teachers are women. The child-centred approach is based on learning by group rather than rote. Perhaps Deputy Mathews yearns for the days of the bata mór approach to learning. Children are listened to and no longer sent to a corner and their education is led through discussion with children. We need to apply this radical approach of listening to children in legislation. We must also be mindful of the fact that school boards of management and principals face major difficulties in having to deal with this issue.

The Government produced two fundamental legislative responses to the publication of the Cloyne report. The Minister for Justice and Equality speedily enacted the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012, which addressed the withholding of information and failure to report offences. In addition, the National Vetting Bureau (Children and Vulnerable Persons) Act of 2012 made the vetting of persons who deal with children mandatory. Vetting is now a feature of organisations in all communities, from church choirs to scouting organisations to local GAA clubs. There is now a much greater culture of vetting persons who deal with children. It is significant that this legislation was passed in a timely and speedy manner.

A second response was the decision of the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, to place the revised Children First guidelines on a statutory footing. The Minister subsequently introduced a radical reform of the health service when she established the new child and family agency as a means of dealing with this issue across the various professional disciplines. Another key issue the Government intends to address in the sexual offences Bill is the monitoring of convicted sex offenders.

Part 3 of Deputy Naughten's Bill deals with the issue of the statutory basis for disclosure, where appropriate. As the Deputy is aware, disclosure is provided for in existing legislation, albeit on an administrative basis. We must strengthen and update this provision.

Deputy Terence Flanagan referred to the possibility of issuing public orders to prevent convicted individuals from going close to a school, for example. This is already possible under sex offender orders. We are examining how this measure can be reformed and amended to ensure it reflects a modern approach. Under the current provisions, a Garda superintendent may go to court seeking such an order. We are examining the possibility of revising the current code to allow a Garda inspector or sergeant to seek such an order before the courts.

I can give the House an absolute commitment that the heads of the sexual offences Bill will be published before the end of the month following their acceptance by the Government. This is the intention of the Minister for Justice and Equality who told Deputy Naughten in their discussions earlier this week that once the scheme is accepted by Government, the heads will be published.

I presume it would then be a matter for the relevant committee to sit down with Deputy Naughten and the Minister, Deputy Shatter, to tease through all the heads to ensure we take the right approach.

There is no foot-dragging on the part of the Government. There is a firm commitment that this issue will be dealt with given that we had publication following consultation nearly four years ago. That is the commitment I can give the House from the Minister, Deputy Shatter. This is a priority issue as far as we are concerned and we will work with Deputy Naughten to ensure we produce the modern updated legislation in this area that is required, especially provisions dealing with sex offence orders which are important after a convicted offender has left prison.

These are very sad issues and legislation is one response. There is a bigger responsibility on society, including schools, the HSE and communities, to ensure we are fully aware of the dangers - thankfully in a minority of cases - to our children. Deputy Naughten raising this so publicly, through the publication of his Bill, has helped us all concentrate our minds to reflect on the matter and ensure we get the best possible outcome.

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