David Cullinane (Sinn Fein) | Oireachtas source

I welcome the publication of this important and long-awaited Bill and the opportunity to address it. The topic of the mandatory reporting of knowledge or suspicions of the harm or abuse of children has been an issue in Ireland since the early 1990s. It was first recommended by the Law Reform Commission in 1990 and later by the Kilkenny incest inquiry in 1993, slightly more than 20 years ago. In 1999, the Department of Health introduced the Children First guidelines, which aimed to help in identifying and reporting child abuse and to improve professional practice in State and voluntary agencies that support children and their families. The duty to report abuse was identified as a societal one that is owed by all who work with children, including members of the Garda, HSE personnel, public agencies, voluntary and community organisations and individuals. However, the guidelines did not place a statutory duty on these people, on all of us, to report suspicions of abuse or harm. I emphasise that it is the duty of all.

The implementation and operation of Children First were reviewed several times during the years after its introduction, most recently by the Office of the Minister for Health and Children in 2008. The revised guidelines published in 2011 took into account a number of recommendations in the Ryan report. One of those recommendations was that Children First should be placed on a statutory basis. The Bill before us sets out to make further and better provision for the protection of children and places the Children First guidelines on a statutory footing, which is to be welcomed. As the Minister indicated in his opening remarks, it is part of a child protection framework that includes the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012 and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.

It will require certain persons or service providers to carry out specific functions, including the making of reports to the Child and Family Agency in respect of children and to assist the Child and Family Agency in certain circumstances. It also will require them to carry out risk assessments regarding potential harm to children and to prepare child safeguarding statements.

Provisions of the Bill also establish the Children First interdepartmental implementation group and provide for the preparation of sectoral implementation plans by Departments. As for the distinct provisions of the Bill, I note that a number of stakeholders particularly welcomed aspects of it, including the statement of the best interests of the child as the paramount consideration; the requirement for all organisations providing services to children to have a child safeguarding statement that outlines policy and procedures with regard to child protection; the establishment of a Children First interdepartmental implementation group on a legislative basis, the purpose of which will be to promote compliance and monitor implementation by various Departments and the requirement for the authorised person within the Child and Family Agency to respond in writing to all reports made. It needs to be emphasised that additional resources to give practical effect to this legislation are essential.

I want to raise some additional points of concern, the first being inter-agency co-operation. What assurances can the Minister give that the Child and Family Agency can depend on the level of co-operation that will be forthcoming from the health, justice, education and social protection services in order that the Children First Act can function effectively when passed through these Houses? Second, training is of concern. Research indicates that child protection training at basic and post-qualifying levels is essential for professionals working with children. Irish research indicates that not only is child protection training almost wholly inadequate at foundation level but it is also deficient at post-qualification level. The absence of training prevents the development of a culture of responsibility for child protection in an agency and leaves staff lacking confidence and unsure of the correct steps to take. The business of identifying and addressing child protection concerns is not straightforward and practitioners need a strong base of knowledge and information before they are competent to respond. Recent cutbacks have resulted in training being curtailed in many children's services and this is likely to have a serious impact on the positive aspects of the proposed legislation. This needs additional Government attention but I wholeheartedly support the Bill and welcome its introduction in and speedy progress through the House.