Dáil Éireann Debate, Tuesday - 30 June 2020
772. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if a review of child safety measures and welfare in an organisation is requested if an allegation of retrospective child abuse within an organisation is deemed founded by Tusla; the evidence that would need to emerge to warrant such an investigation or review to be called for; and if he will make a statement on the matter. [13377/20]
Amharc ar fhreagraThe statutory bodies with primary responsibility for child welfare and protection are Tusla, the Child and Family Agency, and An Garda Síochána. Both have distinct functions, powers and methods of working. Tusla has a statutory duty under the Child Care Act 1991 to promote the welfare of children who are not receiving adequate care and protection. 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 AGS without delay.
Tusla assesses all child welfare and protection concerns that are reported to it. This includes assessing retrospective or historic allegations of abuse with regard to potential current risks to children. The Minister or Department is not generally notified in relation to the details or outcomes of these assessments.
Unfortunately we are aware of many examples of organisations not upholding high standards of child protection in Ireland in the past. However, a number of policy and legislative improvements have been made to child protection standards in recent years. In particular, the Children First Act 2015, which was fully commenced in 2017, provides for a number of key child protection measures, including improving child protection arrangements in organisations providing services to children.
The Act places an obligation on providers of relevant services to keep children safe from harm, to carry out a risk assessment and to develop a Child Safeguarding Statement (CSS) that outlines the policies and procedures that are in place to manage any risks identified. The Act also provides for Tusla to establish and maintain a register of non-compliance for providers who fail to provide a copy of the CSS to Tusla when requested to do so. Tusla has established a Child Safeguarding Statement Compliance Unit (CSSCU) to support implementation of these provisions of the Act. The register of non-compliance is available on the Tusla website www.tusla.ie.
In addition, the Act provides for each Government Department to prepare a sectoral implementation plan which sets out the programme of measures either in place or planned to ensure compliance with Children First Guidance and legislation. The plans also apply to any organisation that provides a relevant service to children and receives funding from the relevant Department in that regard.
A request for any additional reviews of child protection measures in an organisation would depend on the circumstances involved and the governance relationships in place.
