Robert Troy (Longford-Westmeath, Fianna Fail)
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4. To ask the Minister for Children and Youth Affairs when she expects to publish the Children First legislation; and if she will make a statement on the matter. [32681/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In July I published revised Children First national guidance and my Department initiated work on an implementation framework. That is extremely important because it means all the services coming into contact with children will be alert to Children First. We know from a variety of reports that there is inconsistency in that regard. The revised guidance and implementation framework were designed to address concerns about inconsistent implementation and compliance with Children First since its original publication in 1999, including concerns expressed by the Ombudsman for Children.

Implementation measures progressed to date include the publication and dissemination by the HSE of a child protection and welfare practice handbook, which I launched with Mr. Gordon Jeyes and which is extremely useful for practitioners in the field; training for front-line professionals, including joint training between gardaí and social workers; and the establishment of a Children First implementation interdepartmental group, because different Departments have responsibility for implementing the guidelines. For example, all sports organisations have a job to do in this respect.

On 25 April 2012 I published the draft heads and general scheme of the Children First Bill and immediately referred it to the Oireachtas Committee on Health and Children, which published a report in July 2012. As part of the joint committee's consultation process, a number of submissions were received. Overall, it was welcomed that the legislation would increase the focus on child protection, although the contributions in the main came from organisations already implementing Children First. The historic nature of the proposals and their implications for those providing services to children were acknowledged, as was the importance of the precise nature of the duties, responsibilities and sanctions contained in the legislation for successful implementation. The submissions received by the committee were not all in agreement and many points emerging needed to be considered and reconciled.

This involves consideration of policy and operational issues as well the best legal approach to achieving Children First.

I have had a substantive series of meetings and consultations with key stakeholders and experts since then, including other relevant Departments and statutory agencies, to discuss and review this issue. We have also commissioned an academic study on key aspects of the relevant mandatory legislation in place internationally. All these factors are informing the preparation of enhanced policy proposals. It is my intention to submit further proposals in the form of a revised general scheme and heads of Bill to Government as soon as possible with a view to drafting the Children First Bill.

Robert Troy (Longford-Westmeath, Fianna Fail)
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I will remind the Minister of what she said on 25 May 2011:

It is a matter of particular concern to me that, despite a commitment by the previous Minister in July 2009, no draft legislation had been prepared to put the Children First Guidelines on a statutory footing. This will be a key priority for me as Minister. I am pleased to say that substantial work has been done to progress this in the past weeks. I will be outlining further details of these proposals very shortly.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy should recognise the substantial work being carried out in respect of developing the Children First legislation. We want to make sure we have robust and substantial legislation. There is a range of issues I have outlined to the Deputy. I gave him a detailed response with regard to the range of issues that arose. I made the decision after I made some of those comments with reference to the relevant committee. The Deputy knows there was a 600-page report from the committee. The substantial issues in that report must be addressed and a range of work has been done.

What is very important is how the Children First guidelines are being implemented. Clearly, if somebody believes a child is at risk of abuse, that situation should be reported under the Children First guidelines and the practice handbook that has been published, to which I have already referred. If anybody knows that a child is at risk, that should be reported.

We have made a decision to bring in Children First legislation. Unlike previous promises made in respect of Children First, I have done the work and brought the memorandums to Government. A second memorandum is about to go to Government. I have brought in the experts to examine this issue and this Government has given a commitment to bring in the legislation.

Robert Troy (Longford-Westmeath, Fianna Fail)
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The Minister has a dedicated Department. In the two and a half years since that Department has been in existence, no legislation, apart from a technical Bill relating to an amendment to the Child Care Act, has come before this House. I am not putting any targets on the Minister. These are her own targets, not mine or anybody else's, and she has failed to deliver on them. I agree we have Children First guidelines but the Minister, Members on all sides of the House and I acknowledge the need to put them on a statutory footing. Once again, the Minister is unable to give a definitive timeframe as to when this will come before the House. I have said before and will say again that we are here to help and facilitate the passage of this legislation in any way we can just as we supported the passage of the children's referendum and the Minister's reform agenda on the child and family support agency. However, she is at the helm, it is her Department and we want to know when we can expect to see this legislation before the House.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Let me remind the Deputy that his own party promised for 12 years to put a children's referendum before the people. That involved a considerable amount of preparation and legislation. Let me remind him that a new agency is being created, a huge amount of work has been done on that and legislation will be in the House very shortly. Let me remind him that his party promised many years ago to deliver on Children First. That will be delivered under this Government. We have already done substantial work, as I outlined to the Deputy today. I want to make sure this legislation deals with the issues raised in the committee.

Robert Troy (Longford-Westmeath, Fianna Fail)
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Will the Minister answer the question?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am answering the question. Those are extremely complex issues relating to reporting of concerns for organisations and individuals. There will be criminal sanctions. I have had very good consultations with stakeholders concerning the development of this legislation and very substantial heads of the Bill will be going to Government shortly. It will be worked on over the summer period and I will review progress later in the year.