Written answers

Friday, 16 December 2016

Department of Children and Youth Affairs

Legislative Measures

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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556. To ask the Minister for Children and Youth Affairs the status of the implementation of the Children First Act; and if she will make a statement on the matter. [40748/16]

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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As the Deputy will be aware, the Children First Act 2015 was signed into law on 19 November 2015, in accordance with a key commitment in the Programme for Government, and provides for, inter alia -

- mandatory reporting by key professionals,

- mandated assisting,

- comprehensive risk assessment and preparation of Child Safeguarding Statements by services for children, and

- the establishment of the Children First Interdepartmental Implementation Group on a statutory basis.

A number of provisions of the Act have already been commenced as follows:

(i) Sections 1 to 5 (Part I) and section 28 (Part V) of the Act were commenced on 11 December 2015. Sections 1 to 5 are standard provisions in relation to title, citation, regulations, definitions etc. Section 28 relates to corporal punishment and removes the common law defence of reasonable chastisement in relation to same.

(ii) Section 18 (Part III) and Sections 20-26 (Part IV) were commenced on 1 May 2016. Section 18 of the Act is a technical amendment to ensure that the Child and Family Agency is a specified body for purposes of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. Sections 20-26 deal with establishing the Children First Interdepartmental Implementation Group (CFIDG) on a statutory basis and expanding the Group to include all Government Departments.

As the Act imposes obligations on certain individuals working with children and on relevant service providers, I think it is vital that all individuals and sectors are fully prepared and ready to implement the legislation before it is commenced. Therefore, in relation to those provisions of the Act which have not yet been commenced, I have recently signed off on a proposal for phased and structured preparations for implementation which will allow for full commencement of the Act by end December, 2017. I have brought forward this date from end February 2018, as previously stated in my response to PQ 33699-16 of 8 November 2016 . These provisions include those related to mandated reporting of child abuse, mandated assisting and the preparation of Child Safeguarding Statements by organisations providing relevant services to children.

The phased implementation timetable will also allow Tusla to undertake the significant preparatory work required to enable it to fully meet its obligations under the legislation. This will include ensuring that the appropriate internal systems are in place to deal with the intake of mandated reports by Tusla and that a suite of resources is available to support and assist all sectors in implementing the legislation. My Department is working closely with Tusla in relation to making available basic Children First training, information and resource materials.

In the meantime, my Department will continue to work closely with the Statutory Children First Inter-Departmental Implementation Group, which includes all Government Departments, Tusla, an Garda Síochána and the HSE, who will take a key role in ensuring that all necessary preparations and supports are in place for those who will acquire legal obligations under the Act.

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