Jonathan O'Brien (Cork North Central, Sinn Fein)
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288. To ask the Minister for Education and Skills to outline his plans to address the policy gap whereby sexual harassment in schools among students falls between his Department's action plan on bullying and Children First obligations; and if Children First is a secondary set of prevention actions that does not prevent sexual violence from happening. [12928/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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My Department published anti-bullying procedures for all primary and post primary schools at the beginning of the 2013/14 school year. The anti-bullying procedures are designed to give direction and guidance to school authorities and school personnel in preventing and tackling school-based bullying behaviour amongst its pupils.

The anti-bullying procedures make clear that schools also have obligations under equality legislation in relation to the prevention of sexual harassment. In that regard, the procedures outline that schools are required under equality legislation to take such steps as are reasonably practicable to prevent harassment and sexual harassment. Equality legislation prohibits harassment on any of the nine grounds: gender including transgender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community. Under equality legislation, sexual harassment is also prohibited. The anti-bullying procedures make clear that these prohibitions apply to all aspects of school life, for example classrooms, sport fields or school tours and that schools may not permit pupils to harass other pupils.

The template Anti Bullying Policy contained in the Anti Bullying Procedures also requires the school's board of management to confirm that the school will, in accordance with its obligations under equality legislation, take all such steps that are reasonably practicable to prevent the sexual harassment of pupils or staff or the harassment of pupils or staff on any of the nine grounds specified.

Schools and school personnel are also required to comply with my Department's "Child Protection Procedures for Primary and Post-Primary Schools" which are based on the "Children First – National Guidance for the Protection and Welfare of Children 2011". The purpose of the procedures is to give direction and guidance to school authorities in the implementation of Children First when dealing with allegations/suspicions of child abuse and neglect. The child protection procedures recognise that in some cases potentially abusive behaviour occurs between children and schools are required to follow the guidance provided in Children First on the identification of and reporting of such cases. In accordance with Children First, the procedures for schools require that if school personnel have concerns that children may have been abused or neglected, or are being abused or neglected, or are at risk of abuse or neglect, the matter shall, including where the alleged perpetrator is another child, be reported without delay to the Child and Family Agency.

The Children First Act 2015 when commenced, will put key elements of Children First on a statutory basis. The Children First Act, 2015 will require mandatory reporting of child protection concerns by certain key professionals, including registered teachers, and other persons working with children. The Act will also place an obligation on all organisations which provide services to children, including schools, to undertake a risk assessment and to then prepare a Children Safeguarding Statement which outlines the policies and procedures which are in place to mitigate the risks identified.