Robert Dowds (Dublin Mid West, Labour)
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Question 565: To ask the Minister for Children and Youth Affairs the position regarding the implementation of recommendations contained in the Ferns Report, 2005, and the report of the Commission to Inquire into Child Abuse, 2009 [36241/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Ferns Inquiry Report was published in October 2005 and contained 20 separate recommendations. The then Government accepted all of the recommendations. Many of the recommendations related to the provision of services and accordingly, from a child welfare and protection perspective, were taken forward by the HSE given its statutory responsibilities in this area.

In this context the HSE established five working groups to address the various recommendations made by the Inquiry team, as follows:

Audit of Catholic Church Dioceses and Religious Orders: The HSE is finalising a national audit of child protection practices in each Catholic Church diocese.The completed report is due to be submitted to me shortly. A separate audit of Religious Orders is also being undertaken by the HSE, and this is currently at an early stage.

Nationwide publicity campaign in relation to child sexual abuse: The HSE ran a campaign - "Parents who listen, Protect" - which was a public information campaign on parenting and the importance of listening to children.

Review of Children First: The HSE contributed to the national review of compliance with the Children First guidelines by State bodies and NGOs. This review was conducted by my Department's predecessor and the process involved extensive consultations with stake-holders. In July of this year my Department published revised Children First Guidance, and the HSE has also recently published an accompanying Child Welfare and Protection Practice Handbook for staff.

Counselling Services for Children and Adults: Two separate working groups were established to consider the counselling needs of adult victims and child and adolescent victims. The National Counselling Service (NCS), which has been in operation since 2000, continues to provide services to adults who have experienced trauma and abuse in childhood, with priority given to adult survivors of institutional abuse. The provision of additional counselling services for victims of child abuse was given priority emphasis in the HSE's 2011 Service Plan. The HSE's Employment Control Framework exempts the Counsellor grade from the current public service moratorium on recruitment and filling of vacancies.

Treatment services for persons who have exhibited sexually harmful behaviour: In 2007, the HSE completed its Report on Treatment Services for Persons who Have Exhibited Sexually Harmful Behaviour . The HSE committed to the implementation of the recommendations of the report in its 2011 National Service Plan. The necessary funding has been provided to progress implementation.

The Ferns Report also recommended the establishment of Inter Agency Review Committees which would provide a forum for the sharing of a range of information in relation to child abuse. Particular concerns, however, arose in this context around the sharing of soft information, a matter which was subsequently considered by the Joint Committee on the Constitutional Amendment on Children. The Committee recommended that appropriate legislation be drafted. Accordingly, draft Heads of a Bill for a National Vetting Bureau were developed by my Department and following consultation with my colleague the Minister for Justice and Equality we agreed that this legislation will be brought forward by Minister Shatter. A working group to progress this legislation has been established on which my Department is represented. In addition there continues to be regular and ongoing contact at official and Ministerial level in relation to this very important piece of legislation.

The Ferns Report also commented on the powers of the HSE to intervene in relation to child sexual abuse perpetrated by a non-family member. The established policy position of my Department, informed by legal advice, is that Section 3 of the Child Care Act, 1991 places no limitation upon the HSE in relation to its ability to assess and respond to third party child sexual abuse. HSE practice reflects this policy position, and the HSE responds to all allegations of child sex abuse regardless of the circumstances of the allegation. The HSE has provided additional guidance for staff on this issue as part of the recently issued Child Protection and Welfare Practice Handbook.

The Report of the Commission to Inquire into Child Abuse (the Ryan Report) was published in May 2009. The Report served to highlight the need to strengthen the organisation and delivery of child welfare and protection services nationally. Following the publication of the Report a detailed Implementation Plan was prepared and published in July 2009. The Plan sets out a series of 99 actions designed to address the effects of past abuse, reform and strengthen service provision and ensure that children and young people have a stronger voice.

Implementation of the Plan is being overseen by a high level group which I personally chair. The group includes representatives from my Department, the HSE, HIQA, the Irish Youth Justice Service (IYJS), the Department of Education and Skills and An Garda Síochána, and the Children's Rights Alliance. I laid the second annual progress report before the Oireachtas in July 2011, and the report can be accessed by the Deputy at www.dcya.gov.ie/documents/publications/Ryan_Final.pdf.