I can confirm that in preparing the policy position to underpin the introduction of legislation to place Children First: National Guidance for the Protection and Welfare of Children on a statutory footing due regard was paid to a range of international experience of relevant legislation, including that of New South Wales. I note that, while changes have been made to the reporting regime in New South Wales, the policy of mandatory reporting has been maintained.
As regards any potential adverse effects, the Deputy will be aware that Children Firsthas operated on the basis of voluntary compliance since it was first published by the then Department of Health and Children in 1999. Children First is much wider than reporting and sets out a comprehensive range of practices which organisations and professionals are required to adhere to in order to safeguard children. Significant resources have been put in place to support the implementation of Children First and in the case of the HSE and An Garda Síochána, Children First has formed an integral part of their existing operations and practices. The HSE has provided training, information and advice on the implementation of Children First throughout the HSE, voluntary and community sector.
In the draft legislative proposals on Children First it is proposed that organisations working with children appoint a Designated Officer. It is proposed that the Designated Officer, along with certain named professionals, will have statutory responsibility to report information about abuse to the HSE. To assist Designated Officers and certain named professionals make a determination as to whether to report abuse, a ‘Guidance for Reporting of Abuse' is to be developed by my Department. This Guidance will deal with issues such as definitions, thresholds and appropriate routes for the reporting of abuse. The Guidance will assist designated officers and professionals named in the legislation, in considering a number of factors to see if the concern reaches the threshold of a report under the legislation. This approach is intended to ensure that only those cases which require an assessment by the HSE are brought to its attention.
I received the Report of the Joint Committee on Health and Children on the draft Heads of the Children First Bill last week and my officials have commenced a review of the Report and an assessment of any changes that might be recommended to the Heads of Bill as currently drafted. I welcome the input of the Health and Children Committee and the experts consulted by the Committee during its deliberations and look forward to the further refinement of the legislative proposals as a result of this input.
