Liz O'Donnell
Question:3 Ms O'Donnell asked the Minister for Health the terms of the draft new procedure for the notification of suspected cases of child abuse between the health boards and the Garda; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Child Abuse Cases.
Robert Molloy
Question:22 Mr. Molloy asked the Minister for Health the terms of the draft new procedure for the notification of suspected cases of child abuse between the health boards and the Garda; and if he will make a statement on the matter.
Máirín Quill
Question:85 Miss Quill asked the Minister for Health the terms of the draft new procedure for the notification of suspected cases of child abuse between the health boards and the Garda; and if he will make a statement on the matter.
I propose to take Questions Nos. 3, 22 and 85 together.
In accordance with the child abuse guidelines issued by my Department in 1987, the health boards and the Garda Síochána regularly exchange information in suspected cases of child abuse. My Department, in consultation with the Garda Síochána, has prepared a document proposing improved procedures for the notification of cases between the two agencies.
The primary objective of the procedure is to ensure closer co-ordination between the Garda and the health boards in the investigation and management of suspected cases of abuse in order to facilitate the twin objectives of protecting the child and the full investigation of any crime.
The procedure revolves around a standardised form for the reporting of suspected physical, sexual or emotional abuse or neglect of children under the age of 18 years. The document clarifies the circumstances in which such cases are to be referred and provides guidance on the consultations that should take place between a health board and the Garda following such a referral.
The draft procedure is currently being operated on a pilot basis in a number of selected areas and, subject to any refinement that might be needed, I expect that it will be introduced nationally before the end of the year. The implementation of this new procedure on a national basis will give effect to a major recommendation of the report of the Kilkenny investigation. This measure is part of a comprehensive review of current arrangements for the reporting of suspected child abuse.
Is the Minister aware that the child abuse guidelines operating in his Department have no legal basis? Does he think the draft procedure currently being operated on a pilot basis in unspecified parts of the country is adequate, given that one of the main recommendations of the Kilkenny incest case report was that there should be adequate and clear procedures for interaction between the Garda Síochána and the health boards in cases of alleged sexual abuse? For the Minister to say he is at the drafting and consultation stage is an outrage. Will he agree that protection postponed is protection denied?
Words like "outrage" trip too readily from the Deputy's lips. As to the guidelines and their legal effect, the agencies involved, the Garda Síochána and the health boards, act in unison in the better interests of the people they serve and there is a working relationship that does not require statutory provision. My objective on the guidelines, the reporting mechanisms and the follow through is to achieve the best practice. I feel it is best to pilot them in unspecified areas. The areas being piloted include Dublin, Limerick and Galway. I expect the pilot programme to end this month and I will be in a position to make the final decisions on national procedures and guidelines this year.
Will the Minister agree that to put such a standardised procedure in place is not a question of providing money but of having the political will and that the Garda Commissioner could put regulations in force tomorrow to ensure that such co-operation exists between the Garda and the health boards? Will he further agree and confirm to the House that at the moment there is no obligation on the Garda to inform a health board about a case of alleged sexual abuse and that neither is there an obligation on the health boards to inform the Garda?
The objective is the best treatment of people who present to the health services. I do not want to frighten people away from the health services. It is not the best practice if a young teenager who is pregnant feels that her underage boyfriend might be prosecuted if she presents herself at a health centre and instead hides somewhere. The guidelines must be worked out carefully. We are doing that on a pilot basis to arrive as quickly as possible at the best framework to protect vulnerable children. That is my objective and it will remain so. The guidelines are not simple, there are pages and pages and the Garda and the health boards at every level are fully committed to co-operation in this regard.
Let us now proceed to other questions.