Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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302. To ask the Minister for Education and Skills the policy that informs the practices of a school, similar to bullying policy, when a student is sexually assaulted by another student. [36249/18]

Richard Bruton (Dublin Bay North, Fine Gael)
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The Department of Justice and Equality is responsible for the national criminal justice framework and the Department of Children and Youth Affairs is responsible for national policy in relation to the protection and welfare of children.

My Department’s role is to give guidance and direction to schools in relation to meeting their statutory and other obligations in respect of the protection of children.

In December 2017, my Department published new Child Protection Procedures for Primary and Post-Primary School 2017 which give direction and guidance to schools authorities and to school personnel in relation to meeting their new statutory obligations under the Children First Act, 2015 and in the continued implementation of the best practice (non-statutory) guidance set out in Children First National Guidance 2017 which requires all reasonable concerns about child abuse, including sexual abuse, to be reported to Tusla and An Garda Síochána where appropriate. The new procedures are published on my Departments website .

My Department’s Child Protection Procedures for Primary and Post-Primary schools recognise that child protection and welfare considerations permeate all aspects of school life and must be appropriately reflected in all of the school’s policies, practices and activities. The procedures require schools to prepare, display and publish a Child Safeguarding Statement in accordance with the requirements of the Children First Act 2015. As part of the Child Safeguarding Statement schools are required to undertake a risk assessment to help identify the child protection and welfare considerations applicable to school activities, policies, procedures and practices.

My Department’s procedures for schools also outline that under the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 it is a criminal offence to withhold information about certain serious offences, against a person under 18 years or a vulnerable person.

The reporting obligations under the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 are in addition to the reporting obligations under Children First National Guidance 2017 and the Children First Act, 2015.