Vol. 476 No. 7
16 Ms O'Donnell asked the Minister for Health in view of the fact that the Government has decided not to proceed with mandatory reporting of child abuse, the alternatives, if any, he proposes to put in place to assist those who wish to report allegations of child abuse without fear of libel actions; and if he will make a statement on the matter. [8434/97]
(Limerick East): Throughout 1996 my colleague, the Minister of State with special responsibility for child care, Deputy Currie, hosted a consultative process on mandatory reporting. The process examined, not only the issue of mandatory reporting, but also other aspects of our child protection services. In response to the views expressed by child care professionals and others who participated in the consultative process, a series of initiatives were published to best promote and protect the rights of children in “Putting Children First — Promoting and Protecting the Rights of Children”. The proposed initiatives are: (i) designated officers in the health boards to co-ordinate inter-agency approaches to child protection at community care level; (ii) Regional and Local Child Protection Committees, operating at health board and community care level, to enhance inter-agency and inter-professional approaches to child protection; (iii) multi-disciplinary training, under the aegis of the Regional Child Protection Committees, to increase inter-agency and inter-professional approaches to child protection; (iv) The new Social Services Inspectorate to review the 1987 Child Abuse Guidelines and the procedure for the notification of suspected cases of abuse between health boards and gardaí; (v) a public information campaign to heighten public awareness of child abuse and of the system to respond to cases of child abuse; (vi) the provision of support services by health boards for victims of past abuse; (vii) funding of voluntary agencies dealing with children to be conditional on procedures being in place to deal with allegations of child abuse, and (viii) evaluation of the impact of the above measures on the reporting of child abuse.
My Department is also developing proposals on the establishment of a body to promote and protect children's rights, such as an ombudsman for children. The Minister of State has given a commitment that he will evaluate the impact of these measures on the reporting of child abuse. If, following this evaluation, it is clear the introduction of mandatory reporting would be in the best interests of children, or that some form of statutory basis to ensure co-operation between agencies is required, then the necessary legislation will be introduced.
My paramount concern and that of my colleague, the Minister of State, has always been what is in the best interests of children. I was heartened that this was also the paramount concern of all those who participated in the consultative process on mandatory reporting. However, it was suggested in a number of submissions that sight should not be lost of a person's right to his or her good name in dealing with the reporting of child abuse and the Minister of State was conscious of the need to maintain an appropriate balance in developing the initiatives outlined.
I thank the Minister for his response. In light of the Government's decision against mandatory reporting, following a long consultative process, will he accept that following the Department of Health's guidelines to which he referred is discretionary and has resulted in less rather than greater protection for children? The guidelines state it is incumbent on health professionals to report suspicious of child abuse to the gardaí. Will he accept that because that obligation is discretionary and not mandatory, it has permitted bad practice among health professionals?
(Limerick East): The protection of children is not discretionary. The Minister of State, Deputy Currie implemented the Child Care Act. Even though it was passed in 1991 it was only implemented during 1995 and 1996. The protection of children enshrined in that Act is a statutory provision. For the first time in that Act the protection of children is guaranteed in a modern way by statute.
On the question of indicative guidelines, the Deputy will be aware that mandatory reporting is rather like the concept of mandatory sentencing; under law there is an obligation to report at pain of criminal sanction. That decision has not been taken by the Government, but it does not impact in any way on the obligations of health professionals to do what they are supposed to do under the regulations and Protocols issued by the Department of Health through the health boards.
What sanction will be applied to a health care professional who does not comply with the provision in the guidelines to report an allegation of child sexual abuse to the gardaí? Is the Minister aware that we embarked on this major consultative process because of the key recommendation of the Kilkenny report, that the guidelines had been breached because they had been used in a discretionary fashion? Will the Minister agree that because the Government has decided against mandatory reporting a health care professional is not under any legal obligation to report allegations of child abuse to the gardaí? Will he also agree that because of that there is less protection for children than there was previously? Will he accept that the key recommendation of not only the Kilkenny report but the Kelly Fitzgerald report and the Law Reform Commission report has been set at nought by the Government?
(Limerick East): The Deputy is aware of the long consultative process and that persons involved in child care on a day to day basis were consulted. Her view on the practice of child care is a minority one, but there is merit in it and in the view of those who advocate mandatory reporting. That debate is also taking place in other jurisdiction. I remind the Deputy and other Members of the Government's decision on this matter. I read out the series of eight initiatives implemented by the Minister of State, but the Government decision also provides that if, following the implementation and evaluation of those initiatives, a clear case can be made subsequently that mandatory reporting is in the best interests of children, or that some form of statutory basis to ensure co-operation between agencies is required, then the necessary legislation will be introduced. That is a reasonable position. We have very good child care professionals who work extremely well. They want strengthened their powers and the framework within which they operate. The Minister of State has proceeded to strengthen that framework and he has also talked about establishing a body, such as an ombudsman for children, to further strengthen the position, but he stopped short of introducing mandatory reporting at this time. That was a consensus view of those involved in the day to day care of children. That decision was not made in the interest of the professions, it was made in the interest of the protection of children. The Deputy is aware there is major potential downside to mandatory reporting, as experienced in the United States. The Minister of State has brought the professionals along with him. He has introduced a series of initiatives, said they will be evaluated after an appropriate time and if the mandatory route is deemed to be necessary we can reconsider the position with a view to taking that route. That is reasonable in the context of the major progress made by the Minister of State, Deputy Currie, who implemented the Child Care Act and secured the necessary resources through me from the Government to do so. He has a good deal of credibility on this issue and the House should support him on the major improvement he has made in the care of children.
The Minister said his junior Minister has brought child care professionals along with him in so far as they are represented by the agencies that represent health care workers in the health boards, but he has not brought along with him those independent agencies that are interested primarily in the welfare of children rather than the practice and conditions of work of the social workers and health professionals concerned.
Another aspect of mandatory reporting is that those who, in the light of their knowledge, made reports to the gardaí of allegations of child sexual abuse would have needed a statutory indemnity against being sued for libel. Will the Minister agree that if such statutory indemnity does not apply to those people who want to report an allegation, they will be afraid to do so because of a fear of litigation by alleged abusers? Will he agree that is a key area that needs to be considered given that many people, to whose attention it is brought that matters should be reported to the authorities, fear of making matters known to statutory bodies, sporting organisations or school management because of the fear of litigation by persons against whom allegations are made?
(Limerick East): Immunity for health professionals was discussed in paragraph 4.12 of the discussion document. That paragraph states that immunity could be given without limitation to a professional reporting abuse in good faith. This matter was also discussed in the submissions from the various voluntary bodies. The professions were of the view that they should be given immunity for any reporting.
The Deputy's question refers to immunity for anyone who reports child abuse. However, that would be too broad a measure. One can see the potential for complaints to be made with total immunity without evidence. Immunity for professionals will continue to concern us. It will have to be a quid pro quo if mandatory reporting is introduced.
We will take Questions Nos. 17 and 18 with other questions.
