Anne Rabbitte (Galway East, Fianna Fail)
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194. To ask the Minister for Children and Youth Affairs if her attention has been drawn to the parallel reporting obligations in respect of child protection concerns that have been created by the mandatory reporting provisions of the Children First Act 2015 and the existing provisions of the Withholding of Information Act 2012; and if a mandated reporter could be open to potential prosecution should they fail to report their child protection concerns to both Tusla and An Garda Síochána. [2158/18]

Katherine Zappone (Dublin South West, Independent)
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The Children First Act 2015 places a statutory obligations on persons, who have been identified by virtue of their training, qualifications and experience, to makes reports of concerns of harm, above a defined threshold, to Tusla, The Child and Family Agency.

There are no criminal sanctions in the Children First Act in relation to the failure to make a mandated report. However, a mandated person who does not meet their statutory obligations could be subject to administrative sanctions.  For example, if following an inquiry, it transpires that a mandated reporter has failed to make a mandated report, it is open to Tusla to report that mandated person to their employer or the Fitness to Practice committee of their professional regulatory body, or to pass that information on to the National Vetting Bureau. 

The Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012, makes provision for the reporting of relevant information to the Gardaí, and it also contains criminal sanctions in relation to the withholding of information from the Gardaí. 

The provisions of the Withholding Act are in addition to any reporting requirements under the Children First Act.