Thar cheann Cumann Lúthchleas Gael, ba mhaith liom ár mbuíochas a ghabháil leis an gCathaoirleach agus le baill an choiste as ucht cuireadh a thabhairt dúinn teacht anseo inniu. Tá súil agam go mbeidh na tuairimí a léireoidh mé inniu, agus mar chuid den aighneacht a sheolfar chuig an gcoiste amárach, ina chabhair don choiste agus an reachtaíocht seo á phlé sna laethanta romhainn.
I thank members of the joint committee for the invitation to be here today. We welcome the publication of the heads of the Children First Bill 2012, which is vital legislation. Some of what I say may have already been covered by Mr. Treacy and thereafter by others. I ask for forgiveness if there is some repetition.
I wish to give an historical context to the GAA's approach to child protection and welfare. The GAA has two policy elements, our code of best practice in youth sport and our guidelines for dealing with allegations of abuse. Both were published in 2009 and are now enshrined within the association's rules which make it mandatory for all persons in the association to adhere to them. Having those documents in rule at this stage puts us in a good position as we approach the implementation of the proposed legislation.
Our procedures and practices are in place to ensure we comply with all relevant guidelines and legislation regardless of the jurisdiction in which we operate. It is our view that both of these GAA policy documents, amended if necessary when legislation is enacted, will fully comply with the requirements of Children First and any other legislative obligations on the island of Ireland. We are happy to be in this position as above all else we want children and our under-age teams in the GAA to benefit from and participate in our Gaelic games in a safe and enjoyable environment, where our games are conducted in a spirit of fair play and where the adults who work with children on our behalf do so in a manner that is compliant with guidelines and legislation and with our own high levels of good practice.
We are confident the recruitment procedures we adopt are thorough, fair and supportive of those who work primarily in a voluntary capacity in our GAA clubs. One example of this recruitment policy - it was already mentioned by Mr. Treacy - is that we vet all persons who work with children in the association. To date more than 40,000 adults have been vetted through the Garda central vetting unit and almost 10,000 more adults have been vetted through AccessNI in Northern Ireland.
We are, as they say in sporting terms, happy to be where we are at this stage of the game regarding the Bill. Our submission, made in the spirit of co-operation, reflects a willingness on our behalf to fully implement the legislation when eventually agreed. We support the valued intentions of the Bill and of the Minister and we will seek to enshrine its contents in our daily work with children, whether it is at our games or the many other activities we organise for children off the field of play.
The absence of an outline or a specific indication as to the contents of two key documents referred to in the heads, the Keeping Children Safe plan and the HSE's safeguarding guidance for organisations policy documents, leaves us at a disadvantage. While we agree that two such key policy documents are essential to the implementation of the Bill, we hope a consultation process will emerge whereby organisations and agencies that work with children will have the opportunity to comment on any such proposed policies in advance of their adoption. We believe, therefore, it is imperative the HSE publishes both the plan and the guidance in advance of the legislation being enacted.
I will now comment on some specific aspects of the Bill. Head 2 refers to interpretations and provides for a number of definitions that may require further consideration. For example, as mentioned, "abuse" is defined as sexual abuse, physical abuse or neglect but fails to refer to emotional abuse, notwithstanding that emotional abuse is recognised worldwide, including in the UN convention and by the HSE child protection and welfare practice handbook.
The definition of a "volunteer" in head 2 has been discussed at length by many organisations, not least by us in the GAA, for many years. Without volunteers the GAA would not exist in its current format as the volunteer forms the bedrock of the association. However, in so far as we acknowledge that without volunteers we would not exist as we do at present, we fully recognise the many responsibilities of our volunteers and that this Bill and other legislation may be relevant to them and to their role. We would urge, therefore, a rethink of the explanatory note under head 2 which states it is not intended to define a person who gives lifts to or collects a child from a sporting event as a volunteer. We ask that that statement be re-examined. In the GAA our volunteers take a position of responsibility that is matched by our commitment to good practice. One such role may often be that of driving under-age players to games and training. Certainly on a once-off basis they may not come under the meaning of volunteer but if it is done as part of their continuing role in a GAA club, we would urge a rethink of the definition.
Head 2 also explains an outline, without any specifics, of the safeguarding guidance for organisations policy document, the guidance for reporting of abuse and the Keeping Children Safe plan, all of which we have mentioned and which in our opinion should be published prior to the enactment of this legislation.
Head 5 deals with Children First and its aims and principles. We welcome the emphasis on the well-being of the child as the overarching principle of the Bill and that the proposed legislation is in addition to and not in substitution for any other obligations or legislation.
We broadly welcome head 6, which deals with organisations with a statutory obligation to report child abuse. We recognise and welcome that section 6(2) applies to the GAA. For the purpose of clarification it may be of use to many if the HSE or the Department of Children and Youth Affairs would consider publishing a more detailed breakdown of who comes under the requirements of sections 6(2) and 6(3) to avoid confusion or the possibility that any organisation may be overlooked in this process.
We acknowledge the responsibilities placed upon organisations as outlined in head 7(1) to 7(15). While much of this may currently form part of many existing codes in different organisations, and in the GAA's code of best practice, it is timely that we are informed of the obligations for all. It is worth noting, however, that some organisations may find it extremely difficult to comply overnight with what is contained in head 7, given the scarce resources that exist in certain sectors. Organisations must be provided, therefore, with a realistic and achievable timeframe within which they can achieve what is required of them.
The requirement for an internal audit committee under head 7(14) is a new departure and would be welcome. Members of such committees should, as a basic requirement, possess some experience of working with children or with a child centred organisation. We would welcome the opportunity to appoint external people to the internal audit committee should it be permitted under the section.
Head 8 deals with notification to the HSE. We welcome the general provision in this regard. However, what is proposed cannot be put in danger by the inability to resource such measures at organisational level. In some instances, we may once again be asking certain organisations to comply immediately with these measures. Improvements in support structures and services, such as the excellent Garda vetting service available via the Garda central vetting unit, are indicative of the measures required if non-statutory organisations are to be assisted in complying with head 8.
The requirement to ensure adequate training of all persons, volunteers or employees who work with children, regardless of role, is most welcome. The GAA has, with the co-operation and in partnership with the Irish Sports Council, successfully developed a purpose-built child protection awareness programme, referred to by Mr. Treacy, which we continue to deliver nationwide for all mentors and coaches who work with children and under-age teams in the association. Other such examples of quality training include similar initiatives from the youth work sector, church and faith youth groups and others, and these are encouraged to adhere to agreed criteria. However, such criteria must be cognisant of the diverse nature, ethos and activities of youth and child related organisations when agreeing standards appropriate for each sector. One training programme does not suit everybody and we must allow for the diverse nature of activities and of the organisations that deliver this training.
Head 9 deals with the role of designated officers, which has been clearly defined. This is most welcome. We recognise the value of having the most senior employee recognised in the Bill as the designated officer. However, in reality this role will be delegated to another person in many organisations and we would urge that where such a delegation takes place, the organisation's national board or executive is mandated to appoint the person to whom the role has been delegated. This should be done in consultation with the HSE. Provision should be made in head 9 to enable and permit an organisation to further delegate responsibilities to a designated person or to agree a designated liaison person role for local units. For example, the local GAA club must have a designated person at that local level and this must be recognised in the Bill.
We welcome heads 9 and 10 concerning the requirements on employees and volunteers to report concerns and allegations of child abuse. Much of this is in accordance with current organisational structures and agreed procedures. Many volunteers have drawn to our attention their concern with regard to the need to examine the need for the provision of an indemnity for designated officers at all levels, similar to the protection provided by the Protections for Persons Reporting Child Abuse Act 1998. Otherwise, we may have difficulty in appointing designated officers at local level.
In head 12, which sets out the HSE's responsibilities, significant reference is made to the publication of safeguarding guidance for organisations, a much anticipated resource which will be of immense value to designated officers and the public in general. This guidance, as has been stated, should be published in advance of the commencement of legislation and should, given the legal implications for organisations, be published following a consultation process with all relevant sectors that work with children. Much of what is contained in head 12(1)(b) would have been published and enacted by many organisations, including by the GAA, as part of their codes of best practice. What is proposed in 12(1)(f) is most welcome and should act as a major assistance to designated officers as it outlines their role.
Clarity is required as to the implications of "advice" when advice is sought by a designated officer from the HSE. For example, will the seeking of advice be categorised as reporting or preliminary reporting in this section? At what stage may the seeking of advice also become a form of reporting? Who in the HSE would be allocated the role of giving such advice and to whom would this service be made available? What would be the case if there was a difference of opinion following receipt of this advice? How is this catered for under head 12(1)(f)? Much of this “advice” service refers to organisations and one would assume or anticipate that the same service should be made available to individuals, including children, parents and guardians, teachers, youth leaders, sports leaders and any other persons and individuals who may seek such advice.
I welcome head 13 in that it aligns this legislation with the Child Care Act 1991. Much of what is proposed here can and will be achieved by a partnership between all agencies and organisations who work with children and vulnerable adults. We look forward to this section being further developed in the Bill.
Head 14 refers to the written direction, improvement notice or prohibitions. We seek clarification on this head because we need to know how these notices or directions are arrived at and how they are implemented thereafter. All such notices should be open to external appeal if an organisation feels it has the right to appeal. We welcome the clarity in head 15 on the publication of guidance for the reporting of abuse, which will be useful to all designated officers.
I thank the Chairman and the members of the committee for inviting us and giving us this opportunity to make a verbal submission. We will follow up with a written submission and we thank the committee for that opportunity. Our aim in the GAA is to offer an opportunity to all children to participate in our Gaelic games and activities in a safe, developmental and enjoyable environment. Go raibh maith agaibh.