Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I welcome both the publication of this important and long-awaited legislation and the opportunity to address it. The topic of the mandatory reporting of knowledge or suspicions of the harm or abuse of children has been an issue in Ireland since the early 1990s. It was first recommended by the Law Reform Commission in 1990 and later by the Kilkenny incest inquiry in 1993, slightly more than 20 years ago. In 1999, the Department of Health introduced the Children First guidelines, which aimed to help in identifying and reporting child abuse and to improve professional practice in State and voluntary agencies that support children and their families. The duty to report abuse was identified as a societal one that is owed by all who work with children, including members of the Garda, HSE personnel, public agencies, voluntary and community organisations and individuals. However, the guidelines did not place a statutory duty on these people - on all of us - to report suspicions of abuse or harm. I emphasise the latter point, which is that it is the duty of all.

The implementation and operation of Children First were reviewed several times during the years after its introduction, most recently by the Office of the Minister for Health and Children in 2008. The revised guidelines published in 2011 took into account a number of recommendations in the Ryan report. One of those recommendations was that Children First should be placed on a statutory basis. This is something I fully supported at the time and have urged on the Minister. Moreover, I have supported her in her efforts to bring it about in the period since then. The Bill before Members sets out to make further and better provision for the protection of children and places the Children First guidelines on a statutory footing. As the Minister indicated in her opening remarks, it is part of a child protection framework that includes the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012 and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. It will require certain persons or service providers to carry out specific functions including the making of reports to the Child and Family Agency in respect of children in certain circumstances and assisting the Child and Family Agency in certain circumstances. It also will require them to carry out risk assessments regarding potential harm to children and to prepare child safeguarding statements. Provisions of the Bill also establish the Children First interdepartmental implementation group and provide for the preparation of sectoral implementation plans by Departments.

As for the distinct provisions of the Bill, I note that a number of stakeholders particularly welcomed aspects thereof, including the statement of the best interests of the child as the paramount consideration, the requirement for all organisations providing services to children to have a child safeguarding statement that outlines policy and procedures with regard to child protection, the establishment of a Children First interdepartmental implementation group on a legislative basis, the purpose of which will be to promote compliance and monitor implementation by various Departments, and the requirement for the authorised person within the Child and Family Agency to respond in writing to all reports made. At this juncture, I also wish to record my welcome of the inclusion of these measures.

Part 3 of the Bill deals with reporting and sets out in detail who is obliged to make a report and in what circumstances. There are a number of distinct elements making up the obligation to report and each must be present for the obligation to exist. I note the list of mandated persons and the degree to which there has been comment that the definition of mandated persons is not sufficiently wide to cover those working in organisations focused on child protection, welfare, rights or services. Some concern exists that already has been alluded to, not least that stated by the Irish Society for the Prevention of Cruelty to Children, ISPCC, to the effect that the list of mandated professionals does not cover national organisations working with children and families as their main purpose. While so many organisations and services are doing great work and already are adhering to best practice, many large service providers, including the ISPCC itself, are not explicitly mandated to comply with the protocols set out in the Children First Bill. It is my personal view that it is imperative that all organisations providing services to children, whether statutory or non-statutory, be required to take a consistent approach to ensure the best possible responses for children. The only way to ensure such consistency is for the same requirements to apply across the board. I urge the Minister to consider extending that list to include those organisations and service providers to which I have referred.

I note that the specific definitions used in the Bill differ significantly from those in the Children First guidelines of 2011 and the general scheme of the Bill from 2012. There is potential that this may lead to confusion about what type of harm or abuse should be reported. I urge absolute clarity in this regard.

On a separate point, I welcome the provision in section 11(3) which clarifies the situation discussed in detail during the joint committee debate on the heads of the Bill regarding the distinction between consensual sexual activity and abuse. Many of my committee colleagues and I expressed concerns about lack of clarity as to when peer sexual activity between teenagers is or is not consensual in the eyes of the law. There was general but not unanimous support for the view that the Bill should not require reporting of consensual peer sexual activity between teenagers, as that could inhibit recourse to sexual health and advice services that seek to reduce teen pregnancies and underage sexual activity and to promote sexual health.

I note that it is not an offence under the Bill to fail to report suspicions of harm to children and there are no sanctions for failing to do so. This is in direct contrast to the heads of the Bill. During our deliberations on the heads of the Bill in the Joint Committee on Health and Children, only a minority of contributors were of the view that criminal sanctions were not appropriate. That is my recollection. I understand that there are differing opinions in relation to sanctions, with many arguing that the threat of sanctions may lead to a complete bombardment of false reports on an already under-pressure system. Indeed, it has been brought to my attention that evidence of the effectiveness of criminalisation in other countries is unconvincing at best, and the reversal of the legislation in New South Wales provides some testimony to this. In addition, a number of European countries have also relied on civil, rather than criminal, sanctions for failure to report. I remain unconvinced, however, and I will take further opinion from my own team before considering Committee Stage amendments. Regardless of how we seek to address this on Committee Stage, it is my strongly held opinion that the current service is simply inadequately staffed. This is an important point. I know that the Minister and many of her colleagues are discomfited by references to resourcing, but I believe it is critical to have this addressed, and urgently, particularly given the number of children without an allocated social worker, which remains a problem, the level of reporting and the worsening nature of the issue of child abuse, neglect and maltreatment. It continues to present and heaven only knows the extent of what is not showing.

Health Service Executive data shows a trend of increased reporting of concerns about child welfare and protection, with a 36% rise in reports between 2007 and 2011, amounting to 31,626 reports in 2011. Indeed, the HSE has acknowledged the existing pressure on the system. I refer to the 2011 review of the adequacy of child and family services:

As for many other areas in the public sector at this time, the budget allocation does not reflect this increased demand and the reality is that the resource base will be under significant pressure in the years to come.

The challenge facing the new Child and Family Agency is further evidenced through research on child protection data by Helen Buckley, associate professor of social work at Trinity College, which shows that the situation is worsening. In a stark statement she said:

[O]n the basis of available intelligence, we know that in Ireland we have growing numbers of children who are neglected and emotionally harmed, and a lesser but significant number of children who are seriously maltreated.

These statements re-emphasise the point that adequate resources to give practical effect to this legislation are essential; otherwise, while we are not wasting our time, we are certainly not reaching the goals that we have set ourselves, and, sadly, children will continue to suffer. Without any hesitation I assure the Minister she will have all our support in her efforts to have her Department and the services provided by the Child and Family Agency better resourced in the future. This is essential.

I do not intend to use all my speaking time I will conclude my remarks by raising some additional points of concern which may require address on Committee Stage. I ask the Minister to take note of some of my remarks when she makes her concluding contribution on Second Stage and to offer some clarification.

The first point of concern is inter-agency co-operation. I ask the Minister what assurances can she give that the Child and Family Agency can depend on the level of co-operation that will be forthcoming from the health, justice, education and social protection services in order that the Children First Act can function effectively.

I refer to a recent reply to a parliamentary question in which the Minister addressed the issue of the nature and detail of the memorandums of agreement between the Department of Children and Youth Affairs and other agencies. The Minister's response raised as many questions as it answered. This is an area that will require further clarity. I ask the Minister to avail of the opportunity at the close of Second Stage.

Second, the issue of training is of concern. Research indicates that child protection training at basic and post-qualifying levels is essential for professionals working with children. Irish research indicates that not only is child protection training almost wholly inadequate at foundation level but it is also deficient at post-qualification level. The absence of training prevents the development of a culture of responsibility for child protection in an agency and leaves staff lacking confidence and unsure of the correct steps to take. The business of identifying and addressing child protection concerns is not straightforward and practitioners need a strong base of knowledge and information before they are competent to respond. Recent cutbacks have resulted in training being curtailed in many children's services and this is likely to have a serious impact on the positive aspects of the proposed legislation. This issue needs concerted and urgent attention.

My colleague, Deputy Troy, referred in his contribution to the fact that the Saving Childhood group has raised some concerns about the Bill, including some of those already outlined in my contribution. Like me, the group has concerns that there is no reference in the Bill to retrospective allegations and the fact that there is no outline of the level of resources required to ensure that all stakeholders, particularly parents, are informed of the new requirements and can then act in an informed way. The publication of this Bill is a welcome development. I will be happy to work to ensure its safe and timely passage through the Houses of the Oireachtas. The concerns I have outlined are raised with the intention - as also raised by non-governmental agencies - of making the resulting Act as robust and as fit for purpose as possible. I view the Bill as a joint piece of work.

I look forward to its implementation and hope that over time it will demonstrate its real value, because this is important work.

Cuirim fáilte roimh an Bille seo. I will give it my wholehearted support through the various Stages and endeavour, in conjunction with the Minister, to ensure any amendments that will make a worthwhile contribution during its passage will be presented for consideration.

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