Máire Geoghegan-Quinn
Question:4 Mrs. Geoghegan-Quinn asked the Minister for Health the plans, if any, he has to introduce a charter for children. [4615/95]
Ceisteanna — Questions. Oral Answers. - Charter for Children.
Máire Geoghegan-Quinn
Question:47 Mrs. Geoghegan-Quinn asked the Minister for Health the plans, if any, he has to introduce a charter for children. [4571/95]
I propose to take Questions Nos. 4 and 47 together. The United Nations Convention on the Rights of the Child, which is the internationally accepted Charter for Children, was ratified by Ireland in 1992. Work is proceeding urgently in a number of Government Departments on the preparation of Ireland's first report to the UN, as required by the convention. It is intended that this report will be submitted to the UN Committee on the Rights of the Child in the first half of this year.
In my own area of responsibility the Child Care Act, 1991, reflects the key principles enshrined in the United Nations Convention. The Act provides a comprehensive statutory framework for the protection of children from abuse and neglect and for the provision of accommodation to children who are homeless. It requires health boards and the courts to: regard the welfare of the child as the first and paramount consideration; and have regard to the wishes of a child having regard to his age and understanding.
It also contains new legal procedures to enable the health boards and the Garda Síochána to intervene where children are being neglected or abused, grants the health boards powers to provide child care and family support services and provides for the introduction of new legal controls on pre-school services and children's residential centres.
As indicated in our policy agreement, A Government of Renewal we are committed to the rapid implementation of the Child Care Act. Those parts of the Act which deal with the protection of children from abuse and neglect will be brought into operation before the end of this year and it is our intention that the entire Act will be fully implemented by the end of 1996.
I am sure the Minister agrees that those in the community most vulnerable to abuse are children and that their first avenue to turn to would be their parents. However, very often the abuser is either a member of the extended family or a close family friend and the ISPCC has been calling for a long time for the response to the UN Charter for Children which was ratified in 1992 to be published. It has also said we should enshrine in law a specific charter for children that would lay down very clear guidelines in this area and give a voice to those who do not have one, other than the ISPCC.
I am aware of the point the Deputy raised. She may be aware also that the UN Convention on the Rights of the Child is a matter for the Minister for Foreign Affairs. May I draw her attention to the fact that less than a week ago the Tánaiste and Minister for Foreign Affairs, Deputy Spring, replied on that matter in the House? On that basis I said that we hope to have the matter sorted out in the first half of this year.
I presume in reminding me that the UN Convention on the Rights of the Child is a matter for the Tánaiste and Minister for Foreign Affairs, Deputy Currie is not washing his hands of the matter. After all he has specific responsibility in this Government for child care and, therefore, his Department will have a very crucial part to play in suggesting what might be included in the response of the Department of Foreign Affairs.
On the question of co-operation between the health boards and the Garda Síochána, is it correct to say that there are a number of outstanding cases of child abuse being investigated by the Garda which had gone through a period of investigation of up to nine months by health board officials in advance of the Garda Síochána being told that such an investigation was in progress?
We are having quite an extension of the subject matter.
I am aware of my responsibilities under the Child Care Act and those the Government has given me in this area and I intend to carry them out to the best of my ability.
Deputy Geoghegan-Quinn is aware of the facts as she has stated them from her recent previous experience and I am also aware of the difficulties in this regard. We are at an advanced stage of consultation with the Garda authorities on this matter.
The Minister's statement that consultations with the Garda authorities are at an advanced stage seems to indicate that the difficulty lay on the Garda side but I am sure the Minister is aware the difficulties do not lie with the Garda Síochána and that the recommendations of the Kilkenny report clearly state that when an investigation starts the Garda should be informed immediately. That has not been happening in a number of cases currently under investigation. I am asking the Minister to use his good offices to ensure that all staff working in health boards who come in contact with child abuse cases will, having investigated a report, ensure the Garda Síochána are involved immediately so that case conferences can be planned.
Matters appertaining to the Garda Síochána are the responsibility of the Department of Justice.Let us not tax the Minister in the House on that matter.
I am quite prepared to give the assurance the Deputy seeks.