Dáil Éireann Debate, Wednesday - 1 March 2017
312. Deputy Jan O'Sullivan asked the Minister for Children and Youth Affairs her plans to introduce amending legislation to the Child Care Act 1991 to address the fact that there is no specific provision within the Act to provide for Tusla to conduct assessments of abuse perpetrated against children, which was raised at the Oireachtas Committee on Children and Youth Affairs recently; and if she will make a statement on the matter. [10563/17]
Amharc ar fhreagraThe Child and Family Agency's powers to investigate allegations of abuse derive from section 3 of the Child Care Act, 1991. Section 3 states as follows:
" (3) (1) It shall be a function of the Child and Family Agency to promote the welfare of children who are not receiving adequate care and protection.
(2) In the performance of this function, the Child and Family Agency shall—
(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children;
(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—
(i) regard the welfare of the child as the first and paramount consideration, and
(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and
(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.”
This statutory framework provides Tusla with the authority and obligation to investigate allegations of concern. This position is reflected in case law. For example, the High Court judgement of Mr. Justice Barr in MQ vs Gleeson accepted that there was a duty on the health board [now Child and Family Agency] to investigate allegations of child abuse and the judgement effectively set out the parameters of that statutory duty. Judge Barr also found that the duty imposed on the Health Board [now Child and Family Agency] related not just to ‘at risk’ children who were identified or identifiable but also to children who may be subject to a specific potential future risk.
The Child and Family Agency is, of course, required to take full account of natural justice and the constitutional rights of the accused in the assessment of allegations of abuse. In this context, and in order to assist staff in fulfilling the Agency's obligations under section 3, I am advised that an internal protocol has been developed, by Tusla, which sets out the policy and procedures for staff to follow when responding to allegations of child abuse and neglect.
My Department is currently conducting a scoping exercise which will inform the review of the Child Care Act 1991. This review includes identifying areas which need to be revised or up-dated to reflect current practices and to respond to current needs. Consideration of the operation of section 3 will form part of this review. My Department will continue to monitor closely any developments arising from case law and will respond appropriately should the need arise.
