Joe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 152: To ask the Tánaiste and Minister for Health and Children if she will take immediate steps to ensure that a mandatory obligation is placed on every organisation working with children to carry out comprehensive vetting procedures on the employment or contracting of staff. [14200/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

In general, the current policy relating to Garda vetting is to expand the vetting service so that it is available to any organisation whose staff or volunteers would have access to children or vulnerable individuals. In this context, and as a result of the recent expansion of the Garda central vetting unit and the streamlining of existing vetting application procedures, plans are well under way for the extension of the vetting service on a phased basis to many more statutory and non-statutory organisations.

Garda clearance is already available to a large number of organisations whose staff have access to children or vulnerable individuals. Under procedures agreed in 1994 and 1995 Garda clearance arrangements apply in respect of candidates for paid employment in the health services where they would have access to children and vulnerable individuals and in services for children and vulnerable adults provided by external agencies but funded by the Health Service Executive, HSE. Among the standards in the national standards for children's residential centres is one that states that all staff, students and volunteers are appropriately vetted, to include references and Garda Síochána and-or police authority criminal record checks, before taking up duties.

The Child Care (Special Care) Regulations 2004 provide that the HSE or voluntary body or any other person providing or maintaining a special care unit will ensure that staff or others who have access to children are appropriately vetted, that is, by obtaining references and Garda Síochána and-or other police authority criminal record checks. The social services inspectorate and the registration and inspection units of the Health Service Executive inspect children's residential services and the special care units within their remit against such criteria. A similar provision is being considered for the child care sector.

Currently, vetting is only available in respect of child care staff funded under the equal opportunities child care programme. The Child Care (Placement of Children in Foster Care) Regulations 1995 and the Child Care (Placement of Children with Relatives) Regulations 1995 require that foster parents or relatives, respectively, with whom children in the care of the HSE are to be placed give authorisation to allow the HSE to obtain a statement from the Garda Síochána as to whether there are any convictions against them or any relevant member of the household and to provide the names of two referees for reference purposes.

It is worth stressing that, irrespective of whatever clearance arrangements are in place, it will continue to be necessary to bear in mind that criminal record checks, while being capable in appropriate circumstances of making a significant contribution to ensuring that unsuitable persons do not secure positions of trust, are not the sole answer to ensuring applicants' suitability for jobs whether paid or voluntary particularly where children or other vulnerable persons could be open to abuse. There will continue to be a particular onus of care on employers-organisations to maintain good practice both during the recruitment stage, for example, good interviewing practice and checking references, and when it comes to ensuring adequate supervision arrangements post-recruitment are in place both for staff and volunteers. This has been highlighted to the Health Service Executive in guidance issued by my Department on the recruitment of staff who come within its remit and have access to children and vulnerable adults.

In addition, a publication entitled Our Duty to Care was issued by my Department in 2002. Essentially it promotes good practice and procedures for organisations dealing with children and consists of a booklet and fact-sheets covering areas such as safe recruitment practice, developing safe management practices and policies and raising awareness of child abuse among volunteers and staff.