Maureen O'Sullivan (Dublin Central, Independent)
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Question 306: To ask the Minister for Health and Children the plans that are in place to make guidelines and procedures issued by her Department regarding suspected child abuse legally binding; if there are procedures in place to the health boards and the Health Service Executive to properly record all cases of child abuse, both clerical and non-clerical; and if she will clarify the extent of the HSE's obligations to notify the alleged perpetrator. [4783/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Children First, the National Guidelines for the Protection and Welfare of Children were published in 1999. These guidelines are intended to assist people in identifying and reporting child abuse. The guidelines highlight the roles and responsibilities of the HSE and An Garda Síochána, which are the two agencies with statutory responsibility for child protection. They also offer guidance to agencies and voluntary organisations that have contact with or provide services to children.

In line with the commitment in the Ryan Commission Implementation Plan the Children First guidelines have been revised and are available on the web-site of the Office of the Minister for Children and Youth Affairs. I will formally launch the revised guidelines in the near future.

The Ryan Commission Implementation Plan also contains a commitment to the drafting of legislation which will provide that all staff working with children employed by the State and in agencies in receipt of funding from the Exchequer will have: a duty to comply with the Children First National Guidelines; a duty to share relevant information in the best interests of the child; a duty to cooperate with other relevant services in the best interests of the child.

The revised Children First Guidelines contains guidance and best practice in relation to recording-keeping in respect of child welfare and protection concerns, including the use of the Child Protection Notification System (CPNS). The CPNS is a HSE record of every child about whom there is an ongoing child protection concern. The guidelines also set out guidance for the HSE in relation to informing and consulting with parents/carers of a child in the course of the assessment of a child welfare and protection concern. In addition the guidelines offer guidance to the HSE in respect of any obligation to notify the alleged perpetrator if contact is being made with that person's employer or head of organisation in respect of the allegation.