RCNI Press Release 11th September 2009

One year on – Still no new vetting legislation to protect children from abuse

Rape Crisis Network Ireland (RCNI) today expressed dismay that one year on from the Joint Committee on the Constitutional Amendment on Children’s (JCCAC) recommendation for adequate child protection legislation to be urgently drafted and enacted, vulnerable children and adults are still waiting for vetting and soft information legislation.

Caroline Counihan, RCNI Legal Director, said ‘vetting and soft information legislation has been urgently required in Ireland as a fundamental part of our child protection practices, as recognized by the Joint Committee on the 11h of September 2008. At the time of the JCCAC recommendation the chairperson Deputy Mary O’Rourke stated in her forward to the 1st interim report that, ‘The Committee considers that this recommendation can be accepted and implemented promptly and will greatly strengthen Child Protection within the State.’ At the same time Minister for Children, Barry Andrews committed to bringing the necessary legislation forward as recommended on behalf of the State, as a matter of urgency.

‘Yet one year on, the promised urgent child protection Bill, or any part of if it, has not yet been published. This has very serious implications for our capacity to protect children from known risks of abuse.

‘While the RCNI is aware that the Minister, his office and other relevant agencies including the HSE, and an Garda Síochána are working diligently on this legislation, this detailed legislation is still not expected until 2010. Is it time for the Joint Committee and the Government to ask why it is taking so long? After all this was originally a piece of legislation many argued required a constitutional referendum on Children.’

Notes:

On the 11th of September 2008 the JCCA Committee 1st interim report recommended that:

vetting of all those working with children should be a statutory obligation

that there should be statutory regulation of the manner in which information regarding convictions and soft information should be collated, exchanged and deployed by the relevant statutory agencies in the pursuit of child protection.

to require that all agencies, organisations, bodies, clubs, educational and childcare establishments and groups working with or involved with children ensure that all of those working under their aegis either in a paid or voluntary capacity with children are subject to vetting.

Extract from the 1st Interim report of the JCCAC

4. The Committee accepts the legal advice which it has received from its own legal advisers and the views of the Attorney General as communicated to the Committee by the Minister for Children and Youth Affairs, Mr. Barry Andrews T.D. That advice conforms with the views expressed to the Committee in the vast majority of the submissions which have been received by it to the effect that a Constitutional Amendment is not required to permit the Oireachtas to enact legislation in relation to the creation of a statutory scheme to regulate and control the manner in which records of criminal convictions and information including ‘soft’ information concerning the risk or the occurrence of endangerment, sexual exploitation or sexual abuse of children can be stored and deployed by An Garda Síochána and other Statutory Agencies for the purpose of Child Protection.

5. The Committee has formed a unanimous view in relation to this matter. (pg 3)

Extract from the Minister for Children Report of the Commission to inquire into Child Abuse, 2009: Implementation Plan

Vetting

Vetting of staff working with children by An Garda Síochána is becoming more common. Line managers need to be satisfied that all their staff are vetted; where the vetting is carried out by the Human Resources department, the manager should check that it has been received before an employee is allowed to work with children. The OMCYA and the Department of Justice, Equality and Law Reform are currently working on the preparation of legislation to place Garda vetting on a legislative footing. This will provide for the use of ‘soft’ information as part of the vetting process, in line with the recommendations of the Joint Committee on the Constitutional Amendment on Children.

Vetting by means of references is an essential way of ensuring the capacity, as well as the safety, of staff. A culture of offering minimal information by way of references has developed, Managers should be supported by their organisation to ensure they write accurate references. (pg 41)

The RCNI is the National Rape Crisis sector body, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.

For information contact:

Cliona Saidlear: 087 2196447

……………..End…………………