Alan Shatter (Dublin South, Fine Gael)
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Question 108: To ask the Minister for Health and Children if her attention has been drawn to the fact that individuals acting as children's officers in local sports clubs are concerned that should they make any report of possible abuse of a child to the Health Service Executive in accordance with the child protection guidelines, there is no certainty that any such report made by them will be followed up; there is no structure in place to inform them of the action taken pursuant to any such report made; there is widespread concern that as a consequence of the HSE failing to properly assess or follow up children at risk they could in future years be held responsible for the failings of the HSE. [24398/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The Children First: National Guidelines for the Protection and Welfare of Children clearly state that the Children and Family Social Services of the HSE should always be informed when a person has reasonable grounds for concern that a child may have been abused, or is being abused, or is at risk of abuse. The ability of the Children and Family Social Services of the HSE or An Garda Síochána to assess suspicions or allegations of child abuse will depend on the amount and quality of information conveyed to them by the people reporting concerns. It is critical that there is a clear understanding of professional and legal responsibilities with regard to confidentiality and the exchange of information. The Children First Guidelines state that "all information regarding concern or assessment of child abuse should be shared on 'a need to know' basis in the interests of the child".

The Protections for Persons reporting Child Abuse Act, 1998 makes provision for the protection from civil liability of persons who have communicated child abuse 'reasonably and in good faith' to designated officers of the HSE or to any member of An Garda Síochána. This protection applies to organisations as well as to individuals. This means that even if a communicated suspicion of child abuse proves unfounded, a plaintiff who took an action would have to prove that the person who communicated the concern had not acted reasonably and in good faith in making the report.

I am currently finalising proposals for Government in which I will set out a framework for improved implementation of the Children First Guidelines. The framework will take into account the position of sports clubs and other voluntary organisations working with children. The purpose will be to ensure that the Guidelines are effectively and consistently implemented across each sector, supported by a particular focus on inspection and audit of compliance.