Fidelma Healy Eames (Fine Gael)

I welcome the Minister of State. I also welcome the Ombudsman for Children's report which is critically important. Approximately 24 children have died in care, including Tracey Fay and Daniel McAnaspie recently. We have had the Ryan report and an implementation plan, but I do not know what has been implemented or how much progress the Minister of State has made with it. We have also had the Murphy and Monageer reports.

Child protection is in crisis and we must ask whether children's lives are more at risk in care than in homes that cannot cope. I have come to the latter conclusion. The Minister of State's office is under incredible pressure. The Ombudsman for Children's report is another damning indictment of the State's failure to provide for children at risk the protection to which they are entitled. I welcome the report, but, as Senator Corrigan said, an implementation plan with commitments, timeframes and funding is needed. Will these be forthcoming today? If not, when? We do not want other cases similar to those of Tracey Fay and Daniel McAnaspie.

It is incredible that the HSE reviews have not involved an examination of case files to see how Children First is being implemented. The Ombudsman for Children's report points out that the findings of the audit were worrying. For example, the screening of child protection reports took on average 21 days, which meant that urgent cases might not have been identified speedily. The initial assessment took on average 95 days. A child could die in that time. What is the Government at? Why was the HSE not fined? What is the Government's response? I know from previous experience that in Galway the HSE did not have sufficient social workers. There have been improvements in the past 18 months, but this is appalling. Furthermore, the audit revealed that 75% of files contained no record of the outcome of an assessment. By contrast, Children First requires that outcomes should always be recorded. These findings show why internal auditing involving examination of case files needs to be conducted across the State. With the exception of counties Cork and Kerry, this has not happened. If good practice is followed in one area, why is the model not replicated?

This goes back to Fine Gael's requirement that child protection guidelines be placed on a statutory footing. If that was done, behaviour would change. I am also a supporter of mandatory reporting. The report details the failure of the HSE to comply with its statutory obligations regarding the care and protection of children. Findings of unsound administration and lack of clarity and consistency across the State against the executive raise serious questions about its capacity to provide a child care and protection service of appropriate standard and the report seriously questions the desirability of the executive retaining this statutory function. What is the Government's response to this? Does the Minister of State agree the HSE should retain this function?

Recommendation No. 4 of the report refers to ensuring the focus on child protection services is not lost amid wider concerns about health services. The Minister of State's office has been overstretched for a long time and he should highlight this issue because it is a challenge. His office needs more help and resources. There is also a crisis in adoption services.

It is particularly shocking, in the light of all the revelations of the past decade, that the report documents the continuing failure of the HSE and the Garda to operate joint liaison and documentary arrangements in many parts of the State in respect of allegations of child abuse. Immediate action must be taken to address this issue to ensure the successful prosecution of those who perpetrate child abuse is not thwarted by the failure of State agencies to comply with the Children First guidelines.

Recommendation No. 16 which refers to joint strategy meetings between the Garda and the HSE must be easily implementable. How difficult can it be? For example, joint policing committees are in place to address anti-social behaviour. Recommendation No. 14 is similar in that it addresses joint liaison structures between the Garda and the HSE. It is clear from the report that radical change and reform are required. It is also clear that the Minister of State with responsibility for children and the HSE have not yet recognised the need for transparency and accountability in child protection services. The Ombudsman for Children makes reference to the executive undertaking a strategic review. The Minister of State and the Minister for Health and Children must explain the failure of the Government to take all necessary action to ensure the uniform implementation across the State of the Children First guidelines. Putting them on a statutory footing and introducing mandatory reporting would change behaviour. In a former life, I taught in the United States and worked in a state in which there was mandatory reporting of child abuse. Having undergone training, my awareness and behaviour were totally different. I was involved in two cases at the time. Mandatory reporting should not be dismissed, as it could be save children's lives.

Having met in 2008, why did the high level group established by the Department fail to meet in 2009? This failure was justifiably criticised by the Ombudsman for Children. Is this not another example of bad practice? Recommendation No. 2 mentions inter-agency work. How difficult can this be? The explicit nature of the Ombudsman's recommendations is helpful. If designated persons are accountable and this is deemed important enough to ensure the inter-agency work is done, it will happen; otherwise, people will have questions to answer.

Recommendation No. 22 calls on the HSE to provide further training for professionals regarding their duty to report abuse. Students in teacher training colleges need three days on the child protection guidelines before they enter a classroom, but that is not happening. Every report has suggested this should happen, but this is the fault of the Department of Education and Science because the bachelor of education degree course should be of four years duration. Whole staff training is needed on the guidelines in primary and secondary schools. Currently, only designated liaison person training is provided, but that is not adequate. Every teacher must be a child protector.

Recommendation No. 17 states a list of sex offenders in an area should be given to each local health office in order that the risk to children can be assessed. When will this happen? What are the blocks? I look forward to hearing the Minister of State's answers.