Press Release 22 May 2009

The rcni asks are we confident we can learn the child protection lessons?

Rape Crisis Network Ireland (RCNI) said we all hope that the Ireland revealed in the Ryan Report is safely in the past and that our government responds very differently on child protection matters today, that the lessons have been learnt. After two recent child protection Oireachtas reports the RCNI, say such hope may be premature.

Clíona Saidléar, RCNI Policy & Communications Director said, ‘the RCNI reiterate our call on government to demonstrate in a credible, accountable and transparent manner that it is making real progress in protecting children and that it has learned lessons from the details so painfully revealed in the many recent child protection reports, the latest of which is the Ryan Report into institutional abuse.

‘Tomorrow marks the 3rd anniversary of the statutory rape crisis when a key element of child protection fell as it was ruled to conflict with the rights of a defendant under our Constitution. Since then our government has delivered flawed emergency legislation, made commitments to hold a children’s referendum, broken promises and delivered two Oireachtas Committee reports on the matter, one in November 2006 the second in May 2009.

‘If these child protection reports, and progress towards enactment of the recommendations contained therein, can be taken as an indication of how the recommendations of the Ryan Report are to be implemented, we should all be concerned.

‘Since the excellent first Oireachtas Committee report was published in November 2006, the RCNI have been asking government to update us on the progress of the implementation of the recommendations. To date, no government Minister, official or statutory agent has acknowledged responsibility for the oversight of this process. A commitment given to the RCNI, in November 2008, to compile and publish an audit of progress has not yet been met. We are aware from our own work that some work in line with these recommendations is progressing but the lack of government responsibility, accountability and transparency remains a concern.

‘A fortnight ago (7th May) the second Oireachtas Committee report was released. A comparison of this report to the earlier report may be an indication of just how little progress has been delivered by our government.’

The 2009 (second) report has 39 recommendations in total:
• 20 of those recommendations are word for word repetitions of the 2006 report (11-30)
• A further 7 are equivalent to existing 2006 recommendations (1,10,31,33,34,38,39)
• 3 are non-applicable in terms of comparison as they refer to the 2007 referendum Bill drafted by the then Minister for Children Brian Lenihan (2,3,4)
• 1 may already be in legislation in the format recommended here and it may not be specific enough to achieve its presumed objective (6)
• A further 2 are details in addition to a recommendation both reports already have in common (32,33)
• 1 may be unnecessary as it merely points out an existing law that will have to be accommodated in any new legislation (37).

3 recommendations remain which may be said to be new
• Recommendation 36 is of concern: while there is no discussion of changing the age of criminal liability for children in general, this recommendation it seems would have the effect of making an exception of sexual violence crimes perpetrated by children.*
• Recommendations 5- 9 (Number 7 and 9 are new) deal with improved child protection legislation, what has become known as strict liability. (The Committee reversed the 2006 recommendation to hold a referendum to allow for absolute liability.) However, as the second Committee acknowledges, even these recommendations to protect child victims in statutory rape cases, may be open to Constitutional challenge on 4 counts, and therefore may themselves require a referendum.

For information contact:
Clíona Saidléar: 087 2196447


Notes:
• The RCNI is the national Rape Crisis Sector body, which provides a voice for survivors and is a catalyst for social change towards a society free from abuse.
The Report of the Joint Committee on Child Protection (Nov. 2006)
• The Committee sat for an intensive 6 months and
• Strongly and unequivocally recommended a referendum to facilitate absolute liability.
• Made 62 recommendations in total
The 2nd Interim Report of the Joint Committee on the Constitutional Amendment on Children (May 2009)
• This Committee sat for 18 month before making their second interim report.
• Did not recommend absolute liability and therefore, did not recommend the referendum on child protection.
• Made 39 recommendations in total (the so called children’s rights aspect and soft information aspect are being dealt with in separate reports).
*Currently the age of criminal liability in the case of the most serious crimes against the person, (defined as murder, manslaughter, rape and aggravated sexual assault) is 10 or 11. This is as an exception to the general age of criminal responsibility, 12 years, for all other offences. (Section 52 of the Children Act 2001 as amended by Section 129 of the Criminal Justice Act 2006.). This recommendation seems, therefore, to envisage making an exception for sexual offences committed by children in terms of criminal liability. Recommendation 36. “The Committee recommends that consideration be given to the possibility of specifying by law an age below which a person might not be prosecuted for the offence of engaging in a sexual act with another child. ”



For information contact:
Clíona Saidléar: 087 2196447