Dáil Éireann Debate, Tuesday - 22 October 2019
552. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs if she will address a matter regarding rape crisis guidelines (details supplied); and if she will make a statement on the matter. [43170/19]
View answerThe Children First Act 2015, which I fully commenced in December 2017, provides for a number of key child protection measures, including raising awareness of child abuse and neglect, improving child protection arrangements in organisations providing services to children and the introduction of mandatory reporting of child protection concerns by certain key professionals.
Under the Act mandated persons are required to report child protection concerns at or above a defined threshold to Tusla, the Child and Family Agency. Mandated persons are people who have contact with children and/or families and who, because of their qualifications, training and/or employment role, are in a key position to help protect children from harm. The list of mandated persons, which is set out in schedule 2 of the Act, includes persons employed as psychotherapists or providing counselling and registered with one of the voluntary professional bodies.
The obligations under the Children First Act 2015 and who they attach to are also described in Children First: National Guidance for the Protection and Welfare of Children, which operates side-by-side with the Act. The guidelines have been in place since 1999 and were fully revised and published in October 2017 to reflect the provisions of the Act. The guidance advises that adult disclosures of abuse that took place during childhood should be reported to Tusla as the alleged abuser may pose a current risk to children. It recommends that if providing counselling as a mandated person, clients should be advised before the counselling starts, that if any child protection issues arise and the alleged perpetrator is identifiable, that information must be passed to Tusla.
Requirements for reporting to An Garda Síochána under the Withholding Act or other criminal justice legislation is a matter for the Minister for Justice and Equality. However, it should be noted that in the course of carrying out its child protection duties if Tusla suspects that a crime has been committed and a child has been wilfully neglected or physically or sexually abused, it will formally notify the Gardaí without delay.
