Minister Fitzgerald publishes Children First Bill 2014

Monday 14th April 2014

Frances Fitzgerald T.D., Minister for Children and Youth Affairs, has

announced that legislation agreed at cabinet to put the Children First:

National Guidance for the Protection and Welfare of Children [2011] on a

statutory footing will today be published by the Houses of the Oireachtas.

The introduction of this legislation has been a key Programme for

Government commitment as well as being a recommendation of the 2009 Ryan

Report Implementation Plan. This is the first time that key elements of

Children First Guidelines will be put on a statutory footing since they

were first published in 1999.

The Children First Bill 2014 will form part of a suite of child protection

legislation which already includes 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.

Minister Fitzgerald stated: “This proposed new law represents an important

and necessary addition to the child welfare and protection landscape in

Ireland, seeking, as it does, to ensure that child protection concerns are

brought to the attention of the Child and Family Agency without delay.”

“This legislation is about making best safeguarding practice the cultural

norm for anyone working with children”.

The Bill provides for a number of key child protection measures, as

follows:

· A requirement on mandated persons to report child protection concerns to

   the Child and Family Agency (Tusla) including among others: medical

   practitioners; registered nurses; teachers; social workers; gardai;

   psychologists; members of the clergy; pre-school child care staff ;

   child protection officers of religious, sporting; cultural, recreational

   and educational organisations offering services to children;

· A requirement on mandated persons to assist the Child and Family Agency

   in the assessment of a child protection risk, if requested to do so by

   the Agency;

· A requirement on organisations providing services to children to comply

   with best practice in child protection as set out in the Children First

   Guidelines and to produce an organisational-specific Child Safeguarding

   Statement;

· Statutory arrangements to promote cross-sectoral implementation and

   compliance with Children First.

The Minister noted that the provisions of the Bill would also improve the

quality of reports made to the Agency.

The Minister emphasised the mandatory requirements to be placed on

individual professionals and those persons in key positions of

responsibility. The Minister said: “A central feature of the Bill is

putting a statutory obligation on certain individuals.  We are placing a

statutory obligation on them to report harm or risk of harm to a child.

Furthermore, we are removing any real or perceived obstacles to certain

professionals and post holders by placing a specific obligation on mandated

persons to assist the Agency in their assessment of risk to a child.”

The Minister said: “We know that it is the combined efforts of

professionals and post holders that keep children safe. Sharing information

and collaborating in the assessment process is as critical as simply

reporting, as the past tells us.”

Responsibilities on organisations providing services to children and their

families are focused on ensuring that organisations reflect and consider

the potential for risk in their organisations and demonstrate awareness and

good practice in a publicly available Child Safeguarding Statement.

The Minister said: “While Government will continue to use all of its levers

to demand compliance, parents will also demand the best for their children.

I will work with the Child & Family Agency to ensure parents are informed

and empowered to demand and drive compliance.”

The Minister referred to past concerns about implementation of Children

First: National Guidance by stating: “A significant provision in the

legislation is the statutory basis given to the Children First

Interdepartmental Group. This Group, which will include a representative of

all Government Departments, will be required to keep under review, the

implementation of this legislation and the Children First Guidance, and to

report on an annual basis to the Minister for Children and Youth Affairs.

This will ensure a continued focus on the implementation and compliance

task until best practice becomes the absolute norm.”

Minister Fitzgerald confirmed that the new legislation will operate in

tandem with the existing Children First: National Guidance for the

Protection and Welfare of Children [2011] which will continue to operate

administratively for all sectors of society.

“Our focus on who is mandated in the Bill is in accordance with

international practice. I believe it strikes the correct balance in

achieving high quality reporting, with high substantiation rates while

avoiding overwhelming the child protection system with inappropriate

reports which is a key criticism of the operation of mandatory reporting in

other countries,” she said.

“However, we all have a responsibility for keeping children safe and the

Children First: National Guidance will continue to operate to support

anyone to understand what harm looks like and how to deal with any concern

they may have.  I and my officials have had significant consultation and

briefings with key stakeholders –  including through the hearings on the

Heads of Bill conducted by the Joint Oireachtas Committee on Health and

Children. The legislation now being published is the outcome of

considerable deliberations and discussions about the most effective way to

encourage high quality and relevant reports to the Agency on child

protection concerns”.