Alan Farrell (Dublin North, Fine Gael) | Oireachtas source

I commend the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, for making the Children First Bill a priority during this term. The Bill has been a very long time coming, with child protection legislation having been promised in 1997 and again in 2010. The establishment on a statutory footing of the protection and welfare of children through the Children First Bill is certainly a very important step and the introduction of the legislation marks a key achievement in meeting the commitments in the programme for Government. Putting parts of the Children First guidelines, a key recommendation made in the 2009 Ryan report, on a statutory footing will provide the necessary measures to ensure the protection of children will last for generations. The Bill also showcases the fundamental importance of having a dedicated Minister for Children and Youth Affairs with a permanent seat at the Cabinet table. It will form an essential part of the foundations of child protection in the State and work to protect some of our society's most vulnerable members. We must all recognise the solid basis the Bill provides for the safety of children throughout Ireland - the protection of those who are the future of society.

I welcome the main provisions of the Bill. The requirement placed on those organisations which provide services for children to develop a child safeguarding statement is very positive. Section 10 provides that such organisations will have to carry out an assessment of the possible risks of harm to children to create the basis for their child safeguarding statements and said organisations will, therefore, have an incentive to reduce the levels of risk to which children are exposed. This will have to be carried out within three months following the commencement of the Bill and must be provided for staff members, parents and guardians on request. I find it very important to mention that harm includes not only the act of harm and the circumstances which leads to harm but also the fact that it can occur owing to omission. As many have Members mentioned, this is a critical part of the legislation. The inclusion of omission, I hope, will act as a catalyst to deter people from turning a blind eye to abuses or the risk of abuse and, therefore, build a safer environment in which children can grow.

Section 11 identifies mandated persons who have a responsibility under this legislation to report any information which they gain on child abuse and any child protection concerns they have to the Child and Family Agency which will be known as Tusla. I am enthusiastic about this provision as it will stop non-reporting in instances where children are being abused. Furthermore, on occasions where a child reports that he or she is being abused or has been abused, or is at risk of being harmed, it is the responsibility and statutory obligation of a mandated person to report the matter to Tusla. It is a positive development to see that first-hand views of children must be taken into account for the appropriate action to be taken, should it be necessary. Not only will such provisions ensure the protection of children is guaranteed the importance it deserves but they will also work to change the culture surrounding child protection for the better. The requirement on mandated persons to assist the Child and Family Agency, if they are requested to do so, in assessing child protection risks will further facilitate such a change in culture. After all, as the Minister has previously stated, one main purpose of the legislation is making best safeguarding practice the cultural norm for anyone working with children.

The development of the Children First interdepartmental implementation group is a very encouraging sight and I thank the Minister for including the provision in the Bill. The role of the group in reviewing the implementation of the legislation is a factor which will allow for its ongoing success in practical terms. The group will include a representative from each Department. Furthermore, it will provide the Minister with an annual report on the proposed Children First legislation. This will continue to promote the implementation of the proposed legislation into the future, until such time as implementation becomes second nature and is viewed as merely being best practice. I also commend the co-operation between the Department of Children and Youth Affairs and the Department of Justice and Equality. Through preparing the first draft of the heads of the Children First Bill, in conjunction with the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act which passed through the committee of which I am member, this will allow for this Bie to fit perfectly into a suite of legislation.

As the proposed Children First legislation is designed to work in tandem with the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act and the National Vetting Bureau (Children and Vulnerable Persons) Act, it will be possible to impose serious sanctions, particularly for the withholding of information from the Garda. The imposition of sanctions for the withholding of information is a positive step, as it will truly send the message that children are not second-class citizens and cannot be treated as such. In addition, where a mandated person is found to have put a child at risk of harm, information can be passed to the National Vetting Bureau in this regard, while sanctions can also be imposed by the employer or a professional body responsible for the regulation of relevant professionals in this circumstance.

The reorganisation which has taken place in the Child and Family Agency which has focused its Children First service as a national service, will assist greatly in making increased levels of child protection a reality throughout the State, with no area being left behind. Having local information officers working as part of a national team will facilitate this further. I am glad to see that the training framework is going to be put in place in the implementation of the proposed legislation. The Child and Family Agency has worked with city and county child care committees to create a "train the trainers" system of training. Staff members in each of these child care committees have knowledge of how to provide training for those who work with individuals in child care settings. The fact that this is now in place with national cover will allow us to hit the ground running in the implementation of child protection legislation.

I welcome the Bill which I see as a positive step in protecting children throughout the State. Its main provisions, including the development of a child safeguarding statement, the identification of mandated persons and their responsibilities and the establishment of the Children First interdepartmental implementation group which will provide the foundations for ongoing child protection measures, are fundamental protections and children in the State deserve no less.

In addition, the proposed legislation will form the cornerstone of a suite of interacting legislation.

I repeat my commendation of the Minister for Children and Youth Affairs because the work that she, her team and Department have undertaken in developing the Children First Bill is extraordinary. It serves to highlight her commitment to work in the best interests of children and families throughout the State both now and for future generations. I again thank her and the Cabinet for bringing forward this extremely important legislation.

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