Mary Upton (Dublin South Central, Labour)
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Question 99: To ask the Minister for Health and Children if it is intended to proceed with plans to introduce legislation to establish a register of persons considered unsafe to work with children; and if she will make a statement on the matter. [29985/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Deputy refers to a very complex matter. As the Deputy is aware there are some provisions in relation to convicted sex offenders which makes it a criminal offence for a convicted sex offender to apply for employment involving children. I assume, however, that the Deputy is referring to a register similar to those operated by the neighbouring jurisdiction whereby persons who have not been convicted of an offence but in relation to whom there is sufficient concern based upon information available to the statutory authorities that they should not be permitted to seek employment with children and vulnerable adults. A key component of such a register referred to above is the ability to exchange information, which would fall short of the threshold for prosecution or conviction and to receive such information from third parties, employers, etc and to act upon it.

I am advised that currently constitutional difficulties would arise in trying to legislate to effectively establish such a register of persons considered unsafe to work with children. As the Deputy is aware, an amendment to the Constitution addressing provision for legislation on the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse of children or risk thereof , of children or other persons is one of a number of issues addressed by the Twenty-Eighth Amendment to the Constitution Bill 2007. The Joint Oireachtas Committee on the Constitutional Amendment on Children, which is being established, will examine the proposed amendment in the Bill with a view to further deepening consensus on this matter. It is envisaged that the published Bill will provide a framework for the work of the Committee. It is planned to consider the introduction of the legislation that the Deputy refers to in the context of the outcome of the work of the Joint Oireachtas Committee on the Constitutional Amendment on Children.