Noel Rock (Dublin North West, Fine Gael)
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645. To ask the Minister for Children and Youth Affairs if those persons working in the child care sector have been made aware of a 1997 High Court ruling (details supplied) which notes that those persons that have had child abuse allegations made against them have a constitutional obligation to be made aware of allegations made against them; and if she will make a statement on the matter. [8182/17]

Katherine Zappone (Dublin South West, Independent)
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Tusla, the Child and Family Agency, has a current policy relating to adult disclosure of child sexual abuse cases, "Policy & Procedures for Responding to Allegations of Child Abuse & Neglect" (2014). This policy was prepared in the light of Court judgements, including the High Court ruling referred to by the Deputy, and legal advice obtained by Tusla.

Section 2 of the policy states that: “The Child and Family Agency must ensure that all persons who have allegations made against them are treated fairly, with due consideration given to their right to know who has made the allegations, the nature of the allegations and the right to reply to them. No final conclusion in respect of the allegations should be made until such time as the alleged abuser has had the opportunity to reply and participate in the social work assessment process."

The handling of retrospective disclosures is a complex issue, and the policy and procedures on their handling recognises the practical difficulties that can often arise in relation to alleged events, which may have occurred many years ago. Tusla's policy and procedures aim to preserve a person’s right to fair procedure where there is an allegation involved. Tusla will and does act on behalf of the child where there is a credible report of risk involved.