Charlie McConalogue (Donegal North East, Fianna Fail)
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Question 19: To ask the Minister for Children and Youth Affairs if she will provide further information regarding her plans to bring legislative proposals to Government putting the revised Children First guidelines on a statutory footing; and if she will make a statement on the matter. [19978/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In line with the programme for Government, I am committed to the introduction of legislation to underpin Children First, the national guidance document on the reporting and management of child welfare and protection concerns. The need for such legislation was already highlighted in the implementation plan prepared following the publication in July 2009 of the report of the Commission to Inquire into Child Abuse. My Department has made much progress in recent weeks in developing the scope and application of the legislation.

I will be publishing later this week a new Children First national guidance document. I also hope to be in a position shortly to outline further details on the policy approach that will inform the proposed legislation. It is my view that the new legislation needs to extend beyond the reporting of suspected abuse.

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

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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We also need to emphasise the importance of multidisciplinary and inter-agency co-operation in the management of such concerns if we are truly to protect children. Key to this is the sharing of information between agencies and disciplines in the best interests of children and the need for full co-operation to ensure the safeguarding of children.

I am attaching particular importance to the need for this legislation and I hope the proposals enjoy widespread support in the interests of protecting vulnerable children. I hope the implementation of both the revised Children First guidelines and the legislation that will underpin compliance will provide an opportunity to raise societal awareness of physical, sexual and emotional abuse and neglect of children, and the need for everyone to play their part in protecting children.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I thank the Minister for her response. It is not clear from the Minister's reply whether she is planning on introducing mandatory reporting with specific penalties alongside her proposals to put the Children First guidelines on a statutory footing. What plans is she drawing up to ensure the changes she is proposing will be resourced in a way that will allow the system to operate properly?

I note that a couple of weekends ago at the annual conference of the Irish Association of Social Workers there was some unease among social workers about the proposed standardised system being designed by the HSE to transform social workers' handling of child protection issues. The experience in other countries has been that the introduction of mandatory reporting has led to a large increase in the number of reports coming in, putting massive pressure on social workers. It is critical, in taking this approach, that the Minister has sufficient resources to ensure the system can operate as it is intended.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Ryan implementation report set a deadline of December 2010 for the previous Government to draft legislation putting Children First on a statutory footing. This was accepted by the Deputy's party when in government and it is regrettable it did not meet that deadline. I have, however, made much progress in drafting this legislation.

Putting Children First on a statutory basis will effectively put the reporting requirements contained in the Children First guidance which will be published on Friday. The approach underlined in this guidance will be reflected in the legislation. As I stated in my reply, the important element in the Children First guidelines is not just that people must report cases of child abuse, but also co-operate with other agencies. The guidance outlines a whole way of working to protect children. It is important this is also reflected in the legislation. This is just not about reporting but about an approach to the work that ensures consistency.

The Deputy is concerned that this may lead to a bureaucratic approach. As I stated last week when I reported to the Joint Committee on Health and Children, consistency is missing in the implementation of child protection guidelines. I am pleased the director of family services in the Health Service Executive, Mr. Gordon Jeyes, will have an implementation plan for these guidelines.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I accept the Minister's point about the need to put in place processes that work well and ensure children's protection. Will the Minister introduce a mandatory reporting system, as well as putting the children's rights guidelines on a statutory footing?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I will do what the former Government agreed to do, which is to put the Children First guidelines on a statutory basis, as recommended by the Ryan report. Part of this will be a reporting requirement. It will be a different concept, however, to that where the focus is on mandatory reporting alone which other countries such as Australia have introduced. It will not replicate such a system. Legislation will be introduced to underpin the guidelines which are comprehensive in their approach. They are not just about reporting, but about an approach to the management of child protection cases to which every organisation working with children will need to adhere.