Dáil Éireann Debate, Wednesday - 17 January 2018
196. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her Department and Tusla plan to use the publication of the policy and procedures for responding to allegations of child abuse and neglect as an opportunity to proactively implement principles of the EU Directive on the Rights of Victims (details supplied). [2160/18]
Amharc ar fhreagraThe EU Directive referred to by the Deputy was transposed into national law by the Criminal Justice (Victims of Crime) Act 2017, and falls under the remit of my colleague, the Minister for Justice and Equality.
The assessment of allegations of abuse is a very complex area and Tusla is required to take full account of natural justice, the constitutional rights of the accused and national law to balance the competing rights of those involved. Tusla has a statutory obligation under section 3 of the Child Care Act, 1991 to promote the welfare of children who are not receiving adequate care and protection [section (3) (1)], and in doing so, they are required to regard the welfare of the child as the first and paramount consideration [section (3) (2) (b) (i)].
It is in this context, that the “Policy and Procedures for Responding to Allegations of Child Abuse and Neglect” was developed by Tusla, to set out the procedures for staff to follow when responding to allegations of child abuse and neglect.
I am informed that the “Policy and Procedures for Responding to Allegations of Child Abuse and Neglect”, dated September 2014, is the current policy and that all Tusla staff had been advised of same. I understand that a review of the policy is ongoing, which includes consideration of how to support staff with additional guidance.
On foot of this Parliamentary Question, I will request that Tusla, in the context of the aforementioned review, take cognisance of the principles of this EU Directive as expressed in Irish law, if it has not already done so.
