Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 160: To ask the Minister for Health and Children her plans to publish national guidelines on identifying and responding to the needs of child victims of sexual exploitation; and if she will make a statement on the matter. [6480/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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There are no plans to publish specific national guidelines on identifying and responding to the needs of child victims of sexual exploitation. This issue is addressed throughout Children First — the National Guidelines for the Protection and Welfare of Children which was published in September 1999, and recently reviewed. These guidelines are national over-arching guidelines that apply to all individuals and agencies that are dealing with children. They are intended to support and guide health professionals, teachers, and members of the Garda Síochána and the many people in sporting, cultural, community and voluntary organisations who come into regular contact with children. The objectives of the National Guidelines are: to improve the identification, reporting, assessment, treatment and management of child abuse; to facilitate effective child protection work by emphasising the importance of family support services and the need for clarity of responsibility between various professional disciplines; to maximise the capacity of staff and organisations to protect children effectively; to consolidate inter-agency co-operation based on clarity of responsibility, co-ordination of information, and partnership arrangements between disciplines and agencies; to clarify and promote mutual understanding among statutory and voluntary organisations about the contributions of different disciplines and professions to child protection.

The key message of the Children First Guidelines is that responsibility for protecting children must be shared by all adults. Anyone who works with, has responsibility for, or comes into contact with, children should be aware of the signs of abuse, be alert to the possibility of abuse, and be familiar with the basic procedures to report their concerns. While the Children First Guidelines are not statutory, they still bring with them very clear responsibilities for those who become aware of child protection issues, of which sexual exploitation is one aspect. The consistent application of the Children First Guidelines is being addressed by the HSE through ongoing standardisation of Child Welfare and Protection business processes (this project is expected to be completed in 2009) and the refocusing of social work services through the ongoing Social Work Reform programme. "Sexual exploitation" of a child, as defined in the Children First Guidelines, includes inciting, encouraging, propositioning, requiring or permitting a child to solicit for, or to engage in, prostitution or other sexual acts. Sexual exploitation also occurs when a child is involved in the exhibition, modelling or posing for the purpose of sexual arousal, gratification or sexual act, including its recording (on film, video tape or other media) or the manipulation, for those purposes, of the image by computer or other means. It may also include showing sexually explicit material to children which is often a feature of the "grooming" process by perpetrators of abuse. Sexual exploitation can involve situations of sexual victimisation where the person who is responsible for the exploitation may not have direct sexual contact with the child. Two types of this abuse are child pornography and child prostitution.

All child abuse reports to social work departments are subject to a phased process of initial screening and assessment, aimed at providing appropriate interventions. In addition, there are legislative mechanisms in place which also allow for responses from Gardaí (for example to take a child to safety in emergency situations relating to welfare and protection).

The Criminal Law (Human Trafficking) Act, 2008 was enacted in June, 2008. The Act criminalises trafficking in children and adults for the purposes of sexual and labour exploitation or the removal of their organs. It also makes it an offence to sell or offer for sale or to purchase or offer to purchase any person for any purpose. Penalties of up to life imprisonment apply in respect of these offences. In addition to the Criminal Law provisions, an Interdepartmental High Level Group has been established by the Department of Justice, Equality and Law Reform to recommend the most appropriate and effective responses to trafficking in human beings to the Minister for Justice, Equality and Law Reform. The HSE and OMCYA are represented on this group. One of the five interdisciplinary groups established by the High Level Group is looking at sexual exploitation issues.

The Anti-Human Trafficking Unit was established in the Department of Justice, Equality and Law Reform in February 2008 to ensure that the State's response to trafficking in human beings is coordinated, comprehensive and holistic. A key element of this strategy will be the development of a National Action Plan to Prevent and Tackle Trafficking in Human Beings to be approved by the High Level Group for submission to the Minister. This Action Plan will assist the Government in curbing human trafficking and ensure that victims are helped and treated accordingly.

The issue of separated children seeking asylum going missing from care has given rise to concern. A new national protocol regarding all children who go missing from care has been drafted by the HSE and An Garda Síochána and I understand that it is awaiting final sign off by both organisations. Separated children are dealt with specifically in this protocol. The HSE work closely with the Garda Missing Persons Bureau on this matter.

Legislative provisions covering the issue of sexual exploitation of children include Section 176 of the Criminal Justice Act 2006, which deals with sanctions for those not reporting child abuse i.e reckless endangerment of children. Under the Criminal Law (Sexual Offences) (Amendment) Act 2007, it is an offence to meet a child for the purpose of sexual exploitation following grooming. The Department of Justice, Equality and Law Reform is also considering measures to make grooming an offence. Ireland ratified the UN Convention on the Rights of the Child in 1992. The Convention is in essence a "bill of rights" for all children. It contains rights relating to every aspect of children's lives including the right to survival, development, protection and participation. Articles 34 and 35 refer respectively to the protection of children from sexual exploitation and from sale, trafficking and abduction.

A Senior Officials group, comprising the OMCYA, the HSE, An Garda Síochána, Department of Justice, Equality and Law Reform and the Department of Education and Science was established in 2008, with a focus to ensure that there is full awareness of child protection policies, guidelines and procedures, to consider how to ensure better knowledge of the Children First Guidelines, better training and education about the Guidelines, to consider processes and protocols for information exchange to ensure full adherence to the Guidelines, and to advise myself accordingly.