Feargal Quinn (Independent) | Oireachtas source

I welcome the Minister, Deputy Frances Fitzgerald, back to the House. Before she was demoted to the Lower House some years ago, she played an active role here.

All Members support this Bill. Senator Jillian van Turnhout said she planned to improve it on Committee Stage. I look forward to seeing her proposals.

I commend the work done by the Government in this area and this landmark legislation. The new Child and Family Agency is very much needed, not least because of the significant increase in the number of child protection referrals, even in the past year. I hope the agency will be given adequate resources in order that it can help children and families effectively. I hope it will also bring a cultural change, one based on best international practice. I also hope it can play a strong role in child care inspections, given the number of concerning incidents in recent months of the mistreatment of children in crèches. The agency needs to have strong powers of enforcement and perhaps even to impose fines to ensure a high quality service is guaranteed.

The number of deaths of children in State care is concerning. It is envisioned the agency will play a more effective role in this area by providing a more tailored service. Will the Minister explain what she is doing to ensure social workers will not be over-burdened with red tape and administration? We know this is a problem, meaning that there is less time for social workers to work directly with children. For instance, in the United Kingdom Ms Sue White of Lancaster University studied the integrated children's system on which child protection workers must record their every deed. She stated, "It regularly takes up 80% of social workers' days because red icons flash at them if they miss deadlines, its demands feel more pressing than their home visits." We have a similar problem here. While no one disputes the legislation will be a change for the better, we have to be practical and learn from the experiences of other countries, especially in terms of the administrative burden.

Will the Minister comment on the allegations that the Garda acted alone and did not consult social workers before the recent removal of Roma children from their families based on false allegations? Will this legislation have any effect in ensuring this will not happen again? Will the Garda still be able to act rashly or can the Child and Family Agency have more power? For instance, will the Garda be legally obliged to consult the agency before any Garda action on suspicions about a child or its parents? I am sure there is a place for the agency in this regard.

Critical to the running of the new agency is the mandatory reporting of child abuse. What about the reporting of abuse of elderly people? Elderly people can be as vulnerable as children and there appears to be massive under-reporting of such abuse. Can we do more to strengthen the legal provisions in this area? The report, A Total Indifference to our Dignity, published in 2011, stated older people's dread of going into nursing homes was such that many would see abuse by their family as more acceptable. California's elder abuse Act provides for a confidential Internet system for reporting instances of elder abuse instead of a telephone line. In November 2010 it was determined that 27% of callers hung up rather than wait on the line to report abuses, leaving seniors and dependent adults at further risk of abuse. The secure Internet system requires mandated reporters to provide the same information as required in writing or over the telephone. This service has been made available at no additional cost to the State of California. Does the Minister have any view on this development?

Also in California, regardless of whether they are paid, anyone with full or intermittent responsibility for taking care of an elderly person is considered a mandated reporter. California law protects mandated reporters from being sanctioned or penalised for making reports. The reports remain confidential, while mandated reporters are protected from civil or criminal liability when acting in good faith. These examples are worth considering in the wider context of the Bill, especially as the agency is called the Child and Family Agency.

I support the Bill. Senator van Turnhout is talking about some amendments on Committee Stage. We all wish to support the Bill but also, maybe, to improve it if possible. The Senators' comments are made in the spirit of trying to improve the Bill rather than trying in any way to hamper the ambitions and targets the Minister has set. The Minister has done a great job. Let us ensure she has the full support of this House.