Derek Keating (Dublin Mid West, Fine Gael)
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Question 26: To ask the Minister for Children and Youth Affairs her policy on mandatory reporting of child abuse, wilful neglect and physical or emotional abuse; her plans to introduce legislation for mandatory reporting of suspected abuse; and if she will make a statement on the matter. [18228/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As I indicated in my reply to Deputy McConalogue, I will be launching the new Children First national guidance later this week. I also hope to be in a position to outline shortly the details of the legislation to underpin Children First. The Government has committed, in the programme for Government, to this legislation and I have made considerable progress in recent weeks in developing the scope of the legislation and the policy that would underpin it.

It is my view that the legislation to underpin Children First needs to set out a more broadly based approach to compliance than that of reporting alone. I have already addressed this in an earlier question. In order for such legislation to have greater effect and to be really meaningful, it should also focus on the need for multidisciplinary, inter-agency working in the management of child welfare and protection concerns. We need different organisations working well together if we are to protect children. We need people making reports at an early stage, passing on of concerns and sharing of information between agencies and disciplines in the best interests of children. A proactive approach by all agencies who work with children which seeks to safeguard their interests and welfare is preferable to a narrow view that responsibilities are discharged when a report is made. It is not enough simply to make a report.

The experience of mandatory reporting in other jurisdictions such as parts of the United States, Australia and Canada, is that its introduction can see an upsurge in reporting but weaknesses in the quality of reporting and the necessary collaboration between professionals and agencies needed to protect children. This has undermined the potential benefits.

The new Children First national guidance for 2011 will be published later this week. We will have an implementation plan from the HSE to ensure there is consistency in reporting of cases across the country by professionals involved in all organisations, voluntary and statutory, faith based and otherwise. The implementation of the new Children First national guidance and its subsequent statutory underpinning are intended to strengthen our child protection system and make clear the obligations to protect, report and respond to circumstances where the abuse or welfare of children is at risk.

Derek Keating (Dublin Mid West, Fine Gael)
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This is the first time I have had the opportunity to ask the Minister a question in the Dáil since her appointment. I would like to take the opportunity once again of congratulating her and wishing her every success.

In my question I refer to the mandatory reporting of child abuse. The most recent findings of the Roscommon, Kelly Fitzgerald, the Murphy and the Kilkenny reports demonstrate clearly that very little has changed. What is common to these reports is the very poor communication between the service providers, the HSE and the Garda Síochána. What is also common to those reports are the strong recommendations for mandatory reporting governed by statute. In the case of the professionals providing the services to children, such as teachers, doctors, nurses, youth workers, staff in professional crèches and so on, would the Minister agree that they should be legally obliged by statute to report abuse or suspected abuse?

I heard what the Minister had to say to Deputy McConalogue on the reporting requirements, but I think we would not have full child protection without the introduction of mandatory reporting.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is interesting that recent reviews of the Children First guidelines, and we will have an updated version of those later in the week, have found them to be robust and appropriate. What is really important - and this is what makes the difference - is implementation. We must focus on implementation. It is not simply about reporting. We must insist that people report their concerns. I agree with the Deputy that if somebody has in good faith reasonable concerns about the abuse or neglect of a child, those concerns should be reported to the relevant authority. The legislation, which I intend to bring forward, and which has been recommended by the Ryan report will underpin the good practice outlined in Children First. The reporting requirement, and I wish to restate this, is only one element. What is really important is that we have a broadly based approach to compliance. It has to be greater than reporting alone. As Deputy McConalogue rightly stated, if one simply focuses on reporting, one gets an increase in reporting without actually protecting children. What we want to see is a change in practice, consistency and implementation and agencies working well together. The best way of doing that is to have legislation that is broadly based, which focuses not only on reporting, but on best practice, inter-agency working and consistent implementation. That is the goal of the legislation.

Derek Keating (Dublin Mid West, Fine Gael)
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I thank the Minister for that very concise reply. My concern is that members of the profession to which I referred might shy away from reporting and I hear what the Minister is saying on full implementation. Without a legislative requirement, how can we be guaranteed full implementation?

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I welcome the Minister's commitment to legislate in line with the Children First guidelines. The Children First guidelines refer also to neglect by omission, for example the lack of intellectual stimulation, children missing school and the deprivation of intellectual stimulation as a result of that and how that might affect their later development. What role does the Minister see herself having in implementing Children First guidelines? The sentiment of legislation in this area may be admirable but how will the Minister apply this to cuts and caps on special needs assistants, the lack of which I know for certain in many cases means that some children will have support for only one hour's schooling a day? How will she ensure these children's rights are vindicated in terms of the proper provision of the supports necessary for them to attend school?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I thank the Leas-Cheann Comhairle for bringing me in. Has progress been made on the first report of the Oireachtas joint committee on soft information? One must recognise that in responding to abuse in this particular instance, the soft information element should also be considered, which is not absolutely addressed in the provisions of the Children First legislation. I would commend taking both together if at all possible and putting them on a statutory footing. .

Jerry Buttimer (Cork South Central, Fine Gael)
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I welcome the Minister's reply. She is correct that there must be consistency in the implementation. She referred in her reply to the need to have the agencies working well together, but we do not appear to have joined-up thinking and a multidisciplinary approach to the issues. Is the Minister confident that the different agencies will operate joined-up thinking and deliver a service that can be held to account?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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On reading the Children First guidelines and compliance, it is clear there is a reporting requirement in the guidelines. The legislation will reflect that. Professionals mentioned will be under an obligation to report, as they are at present, and that will be reflected in legislation.

Regarding Deputy Boyd Barrett's question on neglect, it is important to highlight that area. This is a serious issue and child abuse by neglect or omission is a serious aspect of it. It is the largest and fastest-growing area where children suffer. This is particularly true with drugs and alcohol issues in young families. Children under five years of age are placed in untenable circumstances and are increasingly being brought to the attention of the authorities. The range of services outlined is important in ensuring children reach their full potential. It is clearly a question of resources and ensuring that those resources are available so children with a range of issues reach their potential. In terms of reporting, neglect is one of these areas. We saw that in the Roscommon report and it needs to get more attention. It has not received the kind of attention and reporting it needs. The HSE has the authority to intervene in familial and extra-familial cases.

Regarding Deputy Ó Caoláin's question on soft information, progress has been made and the heads of the Bill will be published. Deputy Shatter and I have been working on it and progress has been made. We expect the legislation this year. I support the point made by Deputy Buttimer regarding agencies working well together. That is why the legislation I will introduce is not simply about reporting but about reflecting the contents of the Children First document. Agencies must work well together and there must be inter-agency co-operation.

Charlie McConalogue (Donegal North East, Fianna Fail)
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The Minister has answered the question on a couple of occasions but I am still not clear. Will the proposals she will bring forward at the end of the week include mandatory reporting? The Sunday before last, an article in The Sunday Times contained details of what the measure will involve. There is the option of dismissal procedures being taken against nurses and teachers if they fail to report, meaning that it is mandatory. This is a simple "Yes" or "No" question. Will mandatory reporting be introduced as part of the proposals?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am not using the phrase "mandatory reporting" and I have already explained that to Deputy McConalogue. There will be a reporting requirements, which is different to the concept of mandatory reporting. The legislation I am introducing will be based on Children First guidelines.

Jerry Buttimer (Cork South Central, Fine Gael)
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Hear, hear.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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There is a reporting element to it but, as important as that element is, there will be an outline of how agencies work together. Of course there will be sanctions if people do not report. The report was correct in that there will be sanctions. In every organisation there will be someone designated to ensure the Children First guidelines are complied with.