Emmet Stagg (Kildare North, Labour)
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Question 8: To ask the Minister for Health and Children the categories of workers in the health services who are vetted by the Garda vetting services; her plans to expand this to other categories; if she has satisfied herself at the length of time such vetting takes; and if she will make a statement on the matter. [6995/10]

Mary Harney (Dublin Mid West, Independent)
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Garda vetting is a pre-employment check carried out if a prospective employee, volunteer or student on placement will have unsupervised access to children or vulnerable adults. Garda vetting provides for the disclosure by the Garda central vetting unit to the prospective employer of details of prosecutions and convictions of the candidate. It is a matter for the employer to assess the implications of the information before a decision is taken on the candidate's suitability to take up duty.

From 1995, the former health boards conducted Garda vetting of all prospective employees who would have access to children and vulnerable adults. In 2007, the Health Service Executive extended this requirement to all prospective new employees and existing employees considered for promotion. The processing of requests by the HSE now takes approximately ten to 12 weeks. Processing time fluctuates depending on seasonal demands and volumes received. I understand that in the event of the critical filling of a position, the HSE uses a fast-track facility and this arrangement is working satisfactorily. The fast-track takes between one and two weeks.

The Office of the Minister for Children and Youth Affairs, in conjunction with the Department of Justice, Equality and Law Reform, is currently preparing draft heads of a Bill for consideration by the Government. The Bill will include proposals to provide a statutory basis for the vetting of persons to identify those who are unsuitable to work with children and vulnerable adults. In particular, this will deal with the issue of soft information, an issue I realise is of considerable concern, rather than simply prosecutions and convictions.

Jan O'Sullivan (Limerick East, Labour)
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When can we expect that legislation? I realise we have raised the matter several times on the Order of Business but when I came into this Chamber first some ten years ago, the Bill was on the list. It was the responsibility of a different Department at that time. This has been a long time coming.

The Minister stated anyone within the health services who will be working with children or vulnerable people will be vetted. Will the Minister clarify this statement? Sometimes, there is an issue of delay. I am unsure whether this can be done any quicker and I note there is a fast-track procedure. However, recently I encountered a case involving a student nurse who applied for work experience. Sometimes, in such cases there is not a long lead-in time. I realise my colleague, Deputy Mary Upton, raised this matter on the Order of Business this morning in respect of sports facilities. I am unsure whether the Minister has any answers in this regard. There is a concern that it is not taking place as quickly as it should. However, I welcome the fact it is pretty comprehensive within the health services now.

Mary Harney (Dublin Mid West, Independent)
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I cannot provide a date for the legislation because it is subject to the all-party committee. The heads have not yet come before the Government but I understand it is imminent. I will revert to the Deputy on this matter because I am uncertain. In the first instance, the vetting relates to all new employees including students on placement, volunteers working in the area and people who are promoted. However, the intention is to apply it retrospectively to everyone and this is taking place on a phased basis.

The resources for Garda vetting are a matter for the Minister for Justice, Equality and Law Reform and I do not have any information in respect of it.

James Reilly (Dublin North, Fine Gael)
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This is a very serious issue which I have raised before, not only in respect of new employees. I am aware of a situation that occurred last year in which an ambulance company took over another private ambulance company and 12 of the 20 drivers did not have Garda clearance but they had been working for some considerable time. Vetting is very important, particularly in the mental health service. The Minister of State responsible for mental health, Deputy John Moloney, is present and I would like him to assure me everybody working in the mental health service has been vetted by the Garda because the patients are very vulnerable.

Given that we have heard the Central Mental Hospital is to come to Portrane, will the Minister of State, Deputy Moloney, meet the locals to allay any fears they have and keep them on side? It is a positive development and if the locals are kept in the loop, there will not be a problem.

Mary Harney (Dublin Mid West, Independent)
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I am sure the Minister of State, Deputy John Moloney, can answer that when replying to the next question.

Brendan Howlin (Wexford, Labour)
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Any Minister can reply.

Mary Harney (Dublin Mid West, Independent)
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I agree with Deputy Reilly that appropriate vetting is important, irrespective of whether one's employer is in the public or private sector. One issue that arises in the health area is the great number of staff who have come from overseas to work in Ireland. The Garda must work in conjunction with Interpol to vet them and this can often take some time. I am satisfied there has been vetting of all new staff since 1995, which is quite some time ago. Those who were employed prior to 1995 are being dealt with on a retrospective basis as quickly as the HSE can do so.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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While I accept that rushed legislation can often be flawed, I, as a member of Oireachtas Joint Committee on the Constitutional Amendment on Children, must nevertheless avail of the opportunity to urge the Minister to make the necessary intervention to expedite the introduction of the legislation, working from the first report of the committee on the subject of soft information. I say this against the backdrop of all the terrible circumstances that have presented recently and the great need to ensure every protection for children. It will be an indictment of us all in political life if we do not see results from the long period that representatives of all parties, including the Leas-Cheann Comhairle, have spent on the committee's work. I urge intervention with the Minister of State at the Department of Health and Children, Deputy Barry Andrews.

Mary Harney (Dublin Mid West, Independent)
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I will be happy to do that although I know the Minister of State, Deputy Barry Andrews, is really committed in this area. He is very anxious to have the matter dealt with as quickly as possible. We all know those who are likely to abuse children have a habit of infiltrating places where children congregate, including swimming clubs and sports clubs. There were some very high-profile examples in recent years.

With regard to the legislation on soft information, we are at present restricted under law in terms of prosecutions and convictions. It is often extremely difficult to secure prosecutions and convictions in this area. Having legislation on soft information will be invaluable to protecting children and vulnerable adults.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is unfair to the many good people who work with children in a credible way in various organisations to spread the idea that children are only at risk in those organisations. The tragic reality is that children are most at risk in the home.

Mary Harney (Dublin Mid West, Independent)
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In case there is any misunderstanding, I must state that is of course the case. The vast majority, 99%, of those involved in sports organisations, including swimming organisations, are involved for the right reason. The vast majority of incidents of abuse occur in the home. We need stronger legislation to allow for the exchange of soft information without fear of prosecution.

Jan O'Sullivan (Limerick East, Labour)
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Many people working in child care come from abroad. Is there a difficulty in obtaining the necessary information on them?

Mary Harney (Dublin Mid West, Independent)
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No, but the process takes longer. The Garda, through Interpol, contacts its counterparts in other countries on the issue.

John Moloney (Laois-Offaly, Fianna Fail)
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I thank Deputy Reilly for his comment on the Central Mental Hospital. The issue has been brought to my attention by him and Deputies Kennedy and O'Brien. No formal decision has been taken on the location in Portrane. My strategy was based on the hope that we would first determine the means of funding the project. I had hoped to have that done-----

Brendan Howlin (Wexford, Labour)
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We cannot have a debate on a question that was not asked.

John Moloney (Laois-Offaly, Fianna Fail)
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My intention is to have a public meeting in Portrane to explain why we are thinking of locating there rather than having people believe our decision was made in advance of their having an input. There has not yet been a formal decision. The Government must decide, over the next three months, how to fund the project. I intend to meet the residents in public when we have some objections.