Written answers

Thursday, 22 March 2012

Department of Health

Proposed Legislation

5:00 pm

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Question 17: To ask the Minister for Children and Youth Affairs the measures she intends to bring forward to significantly strengthen the existing legislative, policy and practice framework in the area of child protection. [15125/12]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Government is committed to fundamental reform and transformation of the delivery of our family support, child welfare and child protection services. A number of significant structural and legislative changes are key to effecting such reform. This includes the establishment of the new Child and Family Support Agency with dedicated responsibility for the delivery of child welfare and protection services, separate from the HSE and reporting directly to my Department through its Chief Executive. The new Agency will take over the existing change programme for child welfare and protection services which is being overseen by the HSE's National Director, Mr Gordon Jeyes. The Government's reform programme for these services also includes the external inspection of child protection services by HIQA. Draft standards to be inspected against have just been published by HIQA and following consultation on these standards, inspections will commence later this year.

The Children First National Guidance for the Protection and Welfare of Children, published in 2011, provides greater clarity and guidance for individuals and organisations in identifying and responding appropriately to child abuse and neglect. The revised Guidance stresses that the responsibility for child protection lies across all organisations and, whilst the HSE and the Gardai have particular roles in assessment and prosecution of allegations, working across sectors is essential to good outcomes. The HSE subsequently launched their Child Protection and Welfare Practice Handbook, a practice based publication aimed primarily at social workers, although it may be informative to others working in child protection. The HSE, as the body with statutory responsibility for the welfare of children, has a key role in terms of providing training, advice and information on the operation of Children First. The consistent implementation of the Children First Guidance across all sectors working with children is a high priority for Government. The Department of Children and Youth Affairs is taking a lead role in implementation issues. An Interdepartmental Group has been established at which both the HSE and An Garda Siochana are represented. The purpose of the Group is to promote the importance of Children First compliance across Government and to ensure consistency of approach. The Group will provide support to Departments and sectors in bringing forward plans for implementation within each sector. This Department will develop appropriate reporting mechanisms for other Government Departments in respect of the implementation of Children First within each sector and the assurance arrangements to monitor implementation and compliance.

The Government has committed, as a priority, to the introduction of legislation to underpin Children First. My Department has been working intensively to ensure the policy that is being developed will serve to protect children. I have consulted with a high level group of experts in the field, and reviewed legislation and practice internationally.

The policy framework to implement the decision by Government to put 'Children First' on a statutory footing has been developed and draft heads have been provided to the Attorney General's office for her advices this week. Subject to her advice it is my intention to bring the General Scheme of the Bill to the Oireachtas Committee for Health and Children for its consideration.

The framework focusses on the promotion and wellbeing of children generally; the provision of safe services for children; cooperation amongst professionals and organisations where children are at risk of neglect and abuse and making key individuals responsible for reporting child abuse that is known to them. The latter objective is aimed at removing ambivalence, reluctance or refusal by people and organisations in positions of trust and authority to report child abuse and cooperate with the relevant authorities.

I intend that the legislation will reflect a broad based approach to compliance with obligations extending beyond reporting to one of safeguarding children at risk. The objective will be to ensure the greater protection of children by underpinning safe practices in organisations that provide care, education and other services to children.

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