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Update: Adequacy of Child Protection Legislation 2nd July 2014

2nd July 2014 - Bernard Durkan TD

QUESTION NO: 83
 
DÁIL QUESTION addressed to the Minister for Children and Youth Affairs (Mr. Flanagan)
by Deputy Bernard J. Durkan
for ORAL ANSWER on 01/07/2014  
 
 
 To ask the Minister for Children and Youth Affairs if he is satisfied in regard to the adequacy of child protection legislation; if identification, reporting and follow up continues to be adequate to meet their modern challenges; and if he will make a statement on the matter.

                                                                                          Bernard J. Durkan T.D.

 
 
REPLY.
The Children First Bill, 2014, which will put elements of the Children First: National Guidance for the Protection and Welfare of Children (2011) on a statutory footing was published in April, and is currently progressing through the Dáil. The introduction of this legislation is in line with a key Programme for Government commitment, and it represents an important and necessary addition to the child welfare and protection system.
 
Certain persons, who are mandated persons under the Bill, will be required by the legislation to report child welfare and protection concerns to the Child and Family Agency. Mandated persons will also be required to report to the Agency any disclosures of harm made to the mandated person by a child. The reporting of harm to children by persons, who by virtue of their training, qualifications and professional experience are well equipped to recognise harm, is likely to have a positive effect on the process of assessment of risk by the Agency. The Bill also provides that organisations providing services to children will have to consider the potential for risk to children availing of their services and demonstrate awareness and good practice in a Child Safeguarding Statement which will be available to parents and the public generally.
 
The Bill will operate side-by-side with the Children First: National Guidance for the Protection and Welfare of Children which will continue as the basis for all citizens to report concerns. It is intended that the Guidance will be revised and updated to take account of new legislative obligations so as to provide in one place a complete reference resource for individuals and organisations. This will provide clarity and ensure consistency between the proposed legislation and the existing non-statutory obligations which will continue to operate administratively for all sectors of society.
 
As regards implementation, my Department is taking a lead role in the cross-sectoral implementation of Children First. A Children First Implementation Inter-Departmental Group has been established involving all of the key Government Departments together with the Child and Family Agency and An Garda Síochána. The Bill includes a provision to place this Group on a statutory basis. The purpose of the Group is to promote the importance of Children First compliance across Government and to ensure a consistent approach is adopted.
 
The Child and Family Agency is undertaking significant operational reform of the child protection system. To date this has included, following publication of the Children First Guidance, the implementation of Children First training and the publication of a Child Protection and Welfare Practice Handbook. 
 
It is also important to emphasise that the Children First Bill forms part of a suite of child protection legislation including the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012 and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.