Terence Flanagan (Dublin North East, Fine Gael)
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Question 464: To ask the Minister for Health and Children the actions she will take to ensure future and mandatory compliance by relevant authorities with all parts of the Health Service Executive guidelines on the protection of children; and if she will make a statement on the matter. [1710/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I take it that in referring to the 'Health Service Guidelines on the Protection of Children', the Deputy is in fact referring to Children First — National Guidelines for the Protection and Welfare of Children, published in 1999. The issue of putting the Children First guidelines on a statutory footing was raised in the public consultation process which contributed to the 2007 / 2008 review of the Guidelines. It is suggested that to follow a path of statutory obligation would possibly lead to a form of mandatory reporting. Legal advice obtained from this Department's legal advisor would also support this view.

The introduction of mandatory reporting has previously been considered by Government, and has not been proceeded with, on the basis that it has not been proven that this would result in greater protection for children, and there is a danger that scarce child protection resources would be diverted into an extensive administrative burden and the implementation of sanctions. There is international evidence that mandatory reporting has both positive and negative consequences associated with it. The complexities involved with the implementation of mandatory reporting have been acknowledged. It is considered that, at this stage, a renewed focus on the provision of a more effective child welfare and protection system, through improved implementation of the existing guidelines, training and education and good recruitment procedures, is the best way forward.

It is important to note that Children First, although not on a statutory basis, still brings with it very clear responsibilities for those who become aware of child protection issues and these responsibilities are those we would reasonably expect everyone in society to live up to in relation to caring for children.

A Senior Officials group (comprising staff of the Office of the Minister for Children and Youth Affairs, the Health Service Executive, An Garda Síochána, Department of Justice, Equality and Law Reform, and the Department of Education and Science) was established in the wake of the publication of the McElwee Report, and is conducting regular meetings. Its focus is to ensure that there is full awareness of child protection policies, guidelines and procedures, and to advise the Minister accordingly. It is being chaired by the OMCYA.