Michael Healy-Rae (Kerry South, Independent)
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Question 567: To ask the Minister for Children and Youth Affairs her views on correspondence (details supplied) regarding concerns arising from the Mandatory Reporting Bill and Children First Bill; and if she will make a statement on the matter. [25203/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In the first instance, I would like make a clear distinction between the Criminal Justice (Withholding of Information) Bill and the draft Heads of the Children First Bill. The focus of the Withholding Bill is on the responsibility of all citizens to provide information to the Gardaí where they have knowledge of a serious sexual crime against a child, in the investigation and prosecution of that crime.

The focus of the proposed Children First legislation is on the protection of individual children about whom a report is made and other children who may be at risk from an alleged perpetrator of abuse. Its aim is to make organisations safe places, and to ensure that key people in authority in these organisations, and named professionals report to and co-operate with the HSE information about abuse and serious neglect. The Deputy will be aware that Children First: National Guidance for the Protection and Welfare of Children has operated on the basis of voluntary compliance since it was first published by the then Department of Health and Children in 1999. Significant resources have been put in place to support the implementation of Children First and in the case of the HSE and An Garda Síochána, Children First has formed an integral part of their existing operations and practices. The HSE has provided training, information and advice on the implementation of Children First throughout the HSE, voluntary and community sector.

It would appear that the Deputy's question relates to the role of the Designated Officer, under the proposed legislation. Under Children First, organisations are required to appoint a Designated Officer. The Designated Officer has responsibility that staff and volunteers are vetted, recruited properly and are trained in safe practices with children and in recognising signs of abuse and neglect. The Designated Officer makes information available to parents about child protection in the organisation and will have a system in place to check and report on its compliance with the legislation.

In the legislation, it is proposed that the Designated Officer along with certain named professionals will have statutory responsibility to report information about abuse to the HSE. The obligation to report abuse extends to abuse and neglect wherever it occurs, that comes to the attention of the Designated Officer in the course of his / her work or volunteer activities.

Where a young person does not want to talk further about an allegation of abuse, he or she will not be required to. However, the information will be assessed by the HSE to see if other children could be at risk.

To assist Designated Officers and certain named professionals make a determination as to whether to report abuse, a 'Guidance for Reporting of Abuse' is to be developed by my Department. This Guidance will deal with issues such as definitions, thresholds and appropriate routes for the reporting of abuse. The Guidance will assist designated officers and professionals named in the legislation, in their considering a number of factors to see if the concern reaches the threshold of a report under the legislation.

It is important to note that the Protection for Persons Reporting Abuse, 1998, which came into operation on 23 January 1999, created a new offence of false reporting of child abuse. This provision remains in force.