James Reilly (Dublin North, Fine Gael) | Oireachtas source

Schedule 2 lists professions or occupations for the purpose of specifying classes of persons to be mandated persons in accordance with this Bill. Amendment No. 4 proposes to include a person taking care of one or more children in the home who is not a relative of the child. The categories of persons set out in Schedule 2 were included in the Schedule on the basis of their professional qualifications and their ongoing contact with children. The focus on a small qualified cadre of mandated reporters will, based on evidence, improve the quality of reports made to the agency. The receipt by the agency of better quality reports from persons who by virtue of their training, qualifications and professional experience are well equipped to recognise harm to a child is likely to have a positive effect on the process of assessment of risk to a child.

The list of mandated persons was developed following detailed consideration of both the objectives of the legislation and the research paper on how mandatory reporting is dealt with internationally. As already indicated, the persons included in the list have been selected on the basis that their qualifications, role and professional expertise mean they are aware of risks to children and their responsibilities in that regard. It is anticipated that reports from these persons are likely to be of high quality, and this will assist the agency in carrying out assessments of risk in a more effective and efficient manner.

The childminding sector is not an homogenous one. A wide variety of arrangements, including personal family arrangements, pertain. In that context, it was considered overly onerous to impose a mandatory requirement on such an heterogenous group of providers. However, it is important to note that, while not required to do so under this legislation, any person can and should report any concern about a child to the agency in accordance with the Children First national guidelines, which will operate in tandem with the legislation. This position applies to childminders in addition to any other person who has contact with a specific child or children, whether in the context of service provision or otherwise. By comparison, the formal childminding sector, comprising crèches, will be covered by requirements relating to child safeguarding statements and mandated reporting. The Deputy's concern to protect this group of children should be alleviated by the fact that there are many other professionals in contact with this roup of children, including nurses, who are mandated persons, and also general practitioners. In this regard, the recent extension of GP medical cards to children under six should ensure greater contact between this group of children and their general practitioners, who are themselves mandated persons under the legislation. For these reasons, I am not accepting amendment No. 4.

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