James Reilly (Dublin North, Fine Gael) | Oireachtas source

Schedule 2 specifies professions or occupations for the purposes of specifying classes of persons to be mandated persons in accordance with the Bill. Amendment No. 3 proposes to include a person taking care of one or more children in his or her home who is not a relative of the child. One of the reasons a person taking care of a child in his or her home is not a mandated person under the Bill is that the categories of persons set out in Schedule 2 were included in the Schedule on the basis of their professional qualifications and ongoing contact with children. The focus on a small, qualified cadre of mandated reporters will, based on evidence, improve the quality of reports made to the agency. The receipt by it of better quality reports from persons who, by virtue of their training, qualifications and professional experience, are well equipped to recognise harm to a child is likely to have a positive effect on the process of assessments of the risk for a child. The list of mandated persons was developed following detailed consideration of both the objectives of the legislation and the reserach paper on how mandatory reporting was dealt with internationally. As indicated, as the persons included in the list have been selected on the basis of their qualifications, role and professional expertise, it means that they are aware of risks to children and their responsibilities in that regard. It is anticipated that reports from these persons are likely to be of a high quality, which will assist the agency in carrying out assessments of risk in a more effective and efficient manner.

The reason childminders are not included in the requirement for mandatory reporting is that the childminding sector is not homogenous and a wide variety of arrangements, including personal family arrangements, pertain. In that context, it was considered overly onerous to impose a mandatory requirement on such a heterogeneous group of providers. However, it is important to note that, while not required to do so under the legislation, any person can and should report any concern about a child to the agency in accordance with the Children First national guidance which will operate in tandem with the legislation. This position applies to childminders as well to as any other person who has contact with a specific child or children, whether in the context of service provision or otherwise. In comparison, the formal childminding sector, namely, crèches, will be covered by requirements relating to child safeguarding statements and mandated reporting.

The Senator's concern to protect this group of children should be alleviated by the fact that there are many other professionals in contact with this group of children, including nurses who are mandated persons and GPs. In this regard, the recent extension of GP medical cards to children under six years of age should ensure greater contact between this group of children and their GPs. This is shortly to be extended further to under-12s next year. GPs are also mandated persons under the legislation. For these reasons, I am not accepting the amendment.

On what Senator Terry Leyden had to say about Garda resources and so forth, in other jurisdictions mandated reporting of this nature has led to a massive increase in reporting, with no increase in prosecutions or real cases being identified. A balance needs to be struck.