Monday, December 05, 2011

Mandatory reporting of abuse to become law

THE Government is to push ahead with laws requiring the mandatory reporting of child sex abuse concerns despite the reservations of children’s charities and abuse survivors.

Children’s Minister Frances Fitzgerald said the legislation, a brief draft form of which was released in the summer, would be published when the Dáil resumed after Christmas.

"It will apply to voluntary and statutory bodies and it will apply to church and faith groups and it will be obligatory to report child protection concerns," Ms Fitzgerald said.

Some organisations have expressed fears that victims would be reluctant to approach them for help if they knew their experiences automatically had to be reported to the gardaí.

They told the Oireachtas Justice Committee this week they also feared for the impact on ordinary people if they were made criminally liable for reporting suspicions about a loved one.

While the detailed legislation has yet to be revealed, Ms Fitzgerald signalled that private individuals would not be subject to the same requirements as representatives of organisations working with children.

"Child protection is everyone’s concern. There is a role for everyone in the community. We all have an obligation. But there will a particular reporting obligation on those who have the most direct contact with children," she told RTÉ.

The minister also said she was expecting the results of a HSE audit of current child protection practices in all Catholic dioceses soon. Ms Fitzgerald said she would await its outcome before making any decision on the need for further official state inquiries.

She was responding to victims’ criticisms of the lack of independence and detail in reports published this week on audits conducted in six dioceses by the Catholic Church’s own National Board for the Safeguarding of Children.

She said to repeat an exercise like the statutory Cloyne Inquiry in every diocese would be a "phenomenal piece of work" and the expense would have to be considered.

"But what’s most important is waiting to see what the full picture is from the HSE audit which I expect in the new year. Ian Elliot [head of the National Board for the Safeguarding of Children] also has further reports to publish and we have to put all that information together.

"When we put that information together, we can decide if it is in the best interests of this country and child protect to have further investigations. I don’t rule it out but I think we to be very clear about why we would be doing it. There may be a case in some dioceses."

The minister also said she was open to suggestions about giving the National Board official status. "I am going to see if there is a route we could take that would not be a full statutory inquiry but would respond adequately to some of the concerns raised by victims.