Dáil Éireann debate -
Wednesday, 1 Feb 1995

Vol. 448 No. 4

Adjournment Debate. - Reporting of Sexual Abuse.

Ms O'Donnell

I raise this matter on the Adjournment because I received a particularly enlightening and unhelpful reply to a parliamentary question to the Minister about the committee dealing with this matter and his plans to introduce a code of practice to deal with allegations of child sexual abuse within sport. I understand the committee was set up by the former Minister. As I know from experience, one of the features of setting up a code of practice in regard to any measure to protect children is that it takes a long time to be implemented. I am raising this matter on the Adjournment to jolt the Minister into action and to get a progress report on the committee's work.

One of the recommendations in the report on the Kilkenny incest case was that there should be mandatory reporting of allegations of child sexual abuse. I have been hounding Ministers for Health and Justice on those Protocols and procedures and on the guidelines which were in draft form for many months last year. Mandatory reporting of child abuse works very well in Canada. It is the only way we can properly protect children and ensure that when children make disclosures to adults they trust, the adult is legally bound to pass on the information to the Garda. Obviously there are difficulties with this system but we must move along that road and I am glad the Minister for Health is committed to the introduction of mandatory reporting.

The Rape Crisis Centre, which receives many allegations of abuse, has also called for mandatory reporting. It deals in the main with adults. For years children made disclosures of abuse, but one of the features of such disclosures is that adults tend to turn a blind eye to them. This was evidenced during the heady days of the Fr. Brendan Smyth affair. His order failed over many years to report his activities.

People who hear about child abuse cases are afraid to report them to the Garda because of the fears of being sued by the alleged perpetrators of such crimes. Such is the fear of litigation that the Irish Amateur Swimming Association decline even at this stage to remove life membership from George Gibney, the former national swimming coach who successfully avoided prosecution for child abuse by claiming that the lapse of time meant he would not get a fair trial.

An Ceann Comhairle

I am concerned about the mention of names in the House for obvious reasons. This is a privileged Assembly.

Ms O'Donnell

Yes, but Mr. Gibney's name has been plastered all over the newspapers.

An Ceann Comhairle

I am not concerned about what happens outside this House; I am concerned about the proceedings of this House.

Ms O'Donnell

I have expressed concern in the House about the way this case was handled by the Director of Public Prosecutions' office. I raise the matter again because it is relevant and has prompted my call for the introduction of standardised guidelines for sports clubs and voluntary sporting organisations on how to deal with allegations of child abuse. For many years children have been abused while in the care of people they trusted and to whom they were devoted. Given that the Garda had brought the prosecution for serious child abuse offences to such an advanced stage, it is incredible that no formal complaint about the gentleman to whom I referred has ever been made to the swimming association. The case was dropped because the Director of Public Prosecutions did not appeal the decision of the High Court to stop the prosecution. I feel like making a formal complaint to the Irish Amateur Swimming Association if this is what is required.

As the Minister will appreciate, this type of child abuse is particularly tragic as it is usually dependent on and accompanied by the devotion of a child to an adult whom he or she trusts. It is domination and an abuse of power by the adult. It would be horrific if a country which is so devoted to and fanatical about sport allowed its children to go unprotected merely by virtue of the fact that adequate standardised procedures have not been put in place by the Minister.

Minister of State at the Department of Education (Mr. Allen)

I thank Deputy O'Donnell for raising this important issue and for giving me the opportunity to outline the current position. The Deputy said she wished to push the Minister into action. This Minister does not need any such pushing. I wish to correct one point the Deputy made. The previous Minister announced the setting up of a body to draw up codes of practice but no such body was set up. On coming into office I had to satisfy myself that I was the best person, and my Department was the best Department, to deal with this problem.

I have already had discussions on this subject with the Chairman of Cospóir, the National Sports Council and with the staff of my Department's sport section. The purpose of my discussions is to develop the most effective and appropriate means of preventing and dealing with abuse of children and young people in sport.

I share the concern and upset expressed by so many people at the recent media reports containing allegations of child sex abuse in a particular sport. I am also very conscious and appreciative of the dedication and commitment of so many excellent people, especially those voluntary workers who have enriched sport and the lives of their communities over the years. It is vital that this good work is sustained and that the good name of sport and of the many thousands of decent sportspeople is preserved.

My intention, therefore, is to appoint without delay a special committee or working group which will draw up a code of ethics and good practice for administrators, coaches and players working with children and young people in sport. I am anxious to ensure that this committee will comprise people with appropriate experience and expertise in sport, childcare, health and psychology as well as parents who have the most vital role to play. A considerable amount of work and research has already been done in the Council of Europe, here and in other countries and the committee will have regard to this material in its deliberations.

I assure the Deputy that the appropriate State and voluntary bodies will be fully consulted in the whole process of drawing up the code. It is vital that the knowledge and experience of people in a wide range of disciplines be brought to bear on the work of the committee.

This is a delicate and sensitive area and it is most important that we get it right and that the best professional advice is available to us. The code wil focus on the needs and welfare of the child or young person as being paramount and will provide guidelines and standards to be adopted by administrators, coaches and players.

I thank the Deputy for this opportunity to discuss a matter of grave concern to all of us involved in sport and with the welfare of our children. I assure the Deputy that I will deal with this matter as quickly and effectively as possible.