Written answers

Wednesday, 12 February 2014

Department of Children and Youth Affairs

European Court of Human Rights Judgments

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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14. To ask the Minister for Children and Youth Affairs the level of consultation and engagement that has taken place with her Department or its agencies in their consideration thus far of the State's responsibilities to other schoolchildren and former schoolchildren arising from the decision of the European Court of Human Rights in the case of a person (details supplied); and if she will make a statement on the matter. [6646/14]

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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23. To ask the Minister for Children and Youth Affairs if she will provide details on the review of current and planned child protection systems; when this review will be completed; and if she will make a statement on the matter. [6640/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 14 and 23 together.

I have been in direct contact with the Minister for Education and Skills on the matter following the recent European Court of Human Rights judgment. The Minister briefed Cabinet on the 4th of February last on the O'Keeffe judgment. Further consideration of this complex judgment is ongoing and I anticipate that there will be further Cabinet briefings in respect of the matter. The Minister has announced his intention to initiate a review of the current and planned child protection systems operating in respect of schools in light of the judgment. Discussions and meetings have been ongoing between officials in both our Departments in advance and following the Cabinet's consideration. I expect that the scope of the Review and how it is to be carried out will be agreed shortly.

This work will build on the existing strong links between our two Departments in respect of the Interdepartmental Group on Children First implementation. The purpose of the Group is to promote the importance of Children First compliance across Government and to ensure consistency of approach. The Group has completed a benchmark phase of establishing structures, mechanisms and activities in place within each sector to support and drive the implementation process. In July 2013 the Government approved the publication of each Departmental Children First Sectoral Implementation Plan on the relevant Department websites. A key priority of the Group is the development of appropriate reporting mechanisms in respect of the implementation of Children First within each sector and the assurance arrangements to monitor implementation and compliance.

It is important to emphasise that there has been significant legal and structural reform changes to improve all of the systems of protection of children in Ireland. In my own area, these include the Children's Referendum, the establishment of the Child and Family Agency, the ongoing implementation of Children First National Guidelines and the development of legislation to put key aspects of Children First on a statutory footing. The enactment of the Criminal Justice (Withholding of Information) Act, 2012 and the National Vetting Bureau Act 2012 by my colleague the Minister for Justice are all part of a suite of protective measures which are now enshrined in legislation.

The Deputy will be aware of the progress in relation to the development of legislation to put elements of the Children First National Guidance on a statutory basis. Officials from my Department are continuing to liaise with the Office of Parliamentary Counsel in relation to the drafting of the Bill, which is now at an advanced stage. The Bill is included in the Government's legislative programme for the Spring/Summer session and I expect to submit it to Government in the coming weeks.

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