FAILURE TO abide by laws which will force the disclosure of
information on child neglect or abuse will result in tough sanctions
such as fines or jail terms, Minister for Children Frances Fitzgerald
has warned.
Under the measures, the national code on how to
respond to child protection concerns – Children First – will be placed
on a statutory footing.
This requires all organisations and individuals working with children to share information with authorities
relating to child welfare concerns, and to follow protocols for the
assessment of suspected abuse or neglect.
Failure to comply with aspects
of the code will give rise to a range of civil and criminal sanctions.
These include jail sentences, fines, prohibition from working with
children and mandatory external inspections.
In addition, Minister
for Justice Alan Shatter is preparing legislation which will make it a
criminal offence to withhold information relating to sexual abuse or
other serious offences against a child or vulnerable adult.
A
person found guilty of withholding information will be liable to fines
or a jail term of up to five years.
The only exception will be where a
person who is the victim of abuse does not wish this information to be
passed on.
Ms Fitzgerald said yesterday the effect of these legal
changes would have a lasting legacy in introducing a strong culture of
compliance with child protection rules.
“Let me declare again that the days of voluntary compliance are over when it comes to child protection,” she said.
“The
new legislation I am bringing forward will provide for a strong system
of inspection and oversight and the need to provide demonstrable
evidence that the guidance is being implemented correctly across all
sectors.”
On the issue of whether the privacy of the confession
box could be used as an excuse not to report abuse concerns, Ms
Fitzgerald said this would not be the case.
“If there is a law in
the land, it has to be followed by everybody. There are no exceptions,
there are no exemptions,” Ms Fitzgerald said. “I’m not concerned, and
neither is the Government, about the internal laws or rules governing
anybody.”
The Government’s stance, however, has met with
opposition from the Catholic Church. A spokesman for the Catholic
bishops said yesterday that the “seal of confession places an onerous
responsibility on the confessor/priest, and a breach of it would be a
serious offence to the rights of penitents”.
In addition, Bishop
of Dromore John McAreavey, of the Bishops’ Communications Council, said
that in practice abusers tended not to disclose evidence of their
actions in confession.
“These are people who don’t admit they’ve
done wrong, don’t admit that they need forgiveness – so the issue of
abusers coming to confession and being hid by it is simply unreal,” he
told RTÉ Radio 1’s
News At One .
Separately, Ms Fitzgerald said health
standards watchdog the Health Information and Quality Authority would
begin inspecting all State-funded services to ensure they comply with
the Children First guidelines.
In the case of organisations which the
authority did not have powers to inspect, she said she would prepare
legislation to allow the Health Service Executive to carry out
inspections.
“The principles of keeping children safe have not
changed in the last decade, but what we have learned is the need for
proper implementation, for independent inspection, for vigilance and for
legislative compliance,” Ms Fitzgerald said.
“It is no longer
sufficient to say what needs to be done. We must ensure that all of
society, particularly those in trusted positions with children, are
fully aware of their responsibilities to children and supported in their
work.”