Seanad Éireann debate -
Thursday, 15 Feb 1996

Vol. 146 No. 6

Adjournment Matters. - Child Abuse Register.

Ms Honan

I welcome the Minister of State to the House and thank him for coming to discuss the establishment of a child abuse register as recommended by the report of the investigation into the Kilkenny incest case.

The urgency for introducing a child abuse register was further emphasised recently by the horrific case of a man sentenced to 12 years imprisonment for assaulting his five month old child. The man had previously been jailed for three years in 1990 for an almost identical offence against another infant son.

The report of the investigation into the Kilkenny incest case was published almost three years ago, in May 1993, and recommended that a child abuse register could have an important role in protecting children by assisting in the investigation of cases with reference to previous concerns. A register would also provide epidemiological data for research and planning.

The report on the Kilkenny incest case stated that 1987 guidelines for health boards recommended that the director of community care or the medical officer of health would maintain and supervise maintenance of lists of suspected and confirmed cases of child abuse.

The investigation team in the Kilkenny incest case was aware that the system of maintaining such lists varied widely across the eight different health boards, and there was some disagreement about whether they were lists or registers. They also concurred with the view expressed about registers in the Law Reform Commission's report on child sexual abuse which stated that, prior to their introduction, such registers would have to have certain safeguards and procedures. There would have to be a precise and standardised form of clarification of outcome.

Parents and guardians should have the legal right to be informed of any entry or change of entry to the register in relation to their child. Procedures for the removal of names from the register would have to be established and a system of regular review of data would have to be put in place. Also, procedures would have to be established concerning the disclosure of information from the register.

To facilitate the speedy dissemination of information regarding children at risk, the investigating team also recommended that these registers should be computerised. Access to information should be provided through the appropriate health care personnel including hospital staff.

Ending the sexual and physical abuse of children is a complex problem which requires the introduction of a wide range of measures. The introduction of a child abuse register is one such measure that could help.

I agree with the Minister of State's recent remarks when he said he resented the fact that children in certain cases were being named. They were named by virtue of the fact that the adults involved in the child abuse cases were named and therefore the children could be identified. That is wrong. Up to now, abusers in such cases have not been named to avoid identifying the children concerned. It is regrettable that in the recent case an individual was named and, by virtue of that fact, the child involved could be identified.

In response to the recent case, the Department of Health stated that it was considering the legal issues concerned in setting up a register. However, we have had the report on the Kilkenny incest case for three years and the protection of children must be paramount. This matter should be dealt with as speedily as possible.

I understand the difficulties involved in drafting monitoring procedures so that there will not be a conflict of rights between the individual — particularly a person who has served a sentence for child abuse — and the rights of the child. But the investigating committee in the Kilkenny incest case felt there was a high emphasis on the rights of the family in our Constitution and that this may, consciously or unconsciously, be interpreted as giving a higher value to the rights of parents than those of children.

The investigating committee believed that the Constitution should contain a specific and overt declaration of the rights of born children and it recommended a constitutional referendum to insert such a declaration. The Minister for Health at the time the Kilkenny incest case report was presented to Government was Deputy Howlin. In this House, in July 1993, the Minister said that this recommendation giving a constitutional right to children would require detailed consideration by the Government in consultation with the Attorney General. Has the Government asked the Attorney General to consider this declaration of rights for children in our Constitution? If not, will it consider doing so?

This Minister is responsible for the care of children, the implementation of the Child Care Act, measures that can be taken to introduce mandatory reporting and this issue I have raised — a child abuse register. I realise it is difficult and complex, but it is three years since the report was published and I would like urgent movement in these areas.

Minister of State at the Department of Health (Mr. Currie)

I thank the Senator for her comments in relation to remarks I made on a recent television programme that the disclosure of a child's father or close relative effectively discloses the identity of the child. An element of carelessness has crept into this matter even on the part of some who should know better. I welcome the opportunity to reiterate the point that the identity of these children should remain confidential.

I am sorry that there seems to be some confusion lately about what is meant by a child abuse register and I welcome the opportunity to set the record straight. It has been suggested that health boards do not keep lists or registers of children at risk. This is not the case. In accordance with the child abuse guidelines issued by my Department in 1987, health boards maintain lists of suspected and confirmed cases of child abuse. The objective of such lists is identical, in all but name, to that of child abuse registers. Their purpose is to monitor and follow up on reported cases of children at risk and to provide data for research and planning. Such lists are reviewed annually by the director of community care or a delegated officer in consultation with senior personnel from the community care teams. When families with children who are considered to be at risk change residence and move to another community care area, the information on the list is passed on to the relevant health board. As a result of discussions with my opposite number in Northern Ireland that information is now passed north and south of the Border. We are doing our best to ensure that those who abuse children will not have a hiding place on this island.

I want to make it clear to the House that the Kilkenny incest investigation report did not recommend the introduction of a centralised child abuse register. In fact, the report acknowledged current practice in this regard and recommended the standardisation of child abuse registers and the introduction of certain safeguards in the system. The report also recommended the mandatory reporting of all forms of child abuse by designated persons and the introduction of revised child abuse guidelines. Since these three recommendations are interrelated they fall to be considered together rather than in isolation.

The position in relation to mandatory reporting is that a discussion paper on the subject is currently being finalised and will be issued later this month as a basis for widespread discussions with the various interest groups. I promise Senators that they will find this paper of considerable interest.

As regards a revision of the child abuse guidelines issued by my Department in 1987, the Senator is aware that the procedure which I introduced last year for the notification of suspected cases of child abuse between the health boards and the Garda represents a major amendment of the 1987 guidelines so far as the interaction between the two key players involved in child protection is concerned. It should also be noted that health boards have reviewed their own regional child protection procedures in the light of the recommendations of the Kilkenny report and have taken specific measures to improve arrangements in this area. It would be prudent to await the outcome of the forthcoming consultation process on mandatory reporting before the current guidelines are revised further since that process is likely to throw up issues which I will need to address in any new guidelines.

In relation to child abuse registers, I already made the point that the 1987 guidelines provide guidance on the collection, recording and exchange of information on suspected and confirmed cases of child abuse. Having said that, however, I am conscious of the need to ensure a uniform approach on the part of the health boards and of the importance of incorporating certain safeguards into the system.

It would be my intention that the recommendations in the Kilkenny report relating to the introduction of revised national child abuse guidelines and the establishment of standardised child abuse registers will be vigorously pursued as soon as the preparatory work currently under way in the Department for the implementation of the remaining provisions of the Child Care Act has been completed. I hope by that stage a clear consensus on the mandatory reporting question will have emerged and that all the issues that need to be addressed in revised guidelines, including those relating to child abuse registers, will have been identified.

In the meantime, I assure the Senator of the Government's commitment to putting in place a comprehensive framework for the care and protection of vulnerable children. The full implementation of the Child Care Act is central to our overall strategy in this regard. Some 61 of the 79 sections of the Act are now in force. These include the core provisions of Parts III, IV, V and VI which deal with the protection of children in emergencies, care proceedings and the powers and duties of health boards in relation to children and their care. The Kilkenny incest report underlined the need for the early introduction of these particular provisions which were brought into operation with effect from 31 October last, together with three new sets of regulations governing the placement by health boards of children in foster care, residential care and with relatives.

In accordance with the timescale set by the Government for the full implementation of the Act, it is my intention that the remaining 18 sections of the Act, which deal with the supervision of pre-school services and the registration of children's residential centres, will be commenced by the end of this year.

Since 1993 approximately £30 million has been invested annually in the development of an infrastructure to support the Act and to enable the health boards to cope with the new demands placed on them under the legislation. The Health Estimate for 1996 includes provision for a further round of new service developments in the child care area. These allocations represent the largest ever investment of resources in our child care services and demonstrate the commitment of the Government to strengthening those services and equipping them to respond to the needs of vulnerable children.