02 February 2006
Chairman: I thank Mr. O'Gorman. A number of members have indicated. I will begin with Senator Henry and proceed to Deputies Twomey, McManus, Devins and Connolly.
Senator Henry: I congratulate Mr. O'Gorman on his presentation. It was most helpful and informative. We can take a number of actions. The situation regarding legislation on intervention in extra-familial cases is not a difficult proposition to put forward to the Minister for Justice, Equality and Law Reform. I brought it forward in the Seanad. None of us meant to leave this out when the Children Act and the Child Care Act were brought forward. It does happen that despite all of us having our wits together, one finds one has left a gap in legislation. We must press the Minister for Justice, Equality and Law Reform to introduce an amendment immediately. It was disturbing to see in the Ferns Report that the two doctors in community care had probably acted beyond their powers. In attempting to help the children in Monageer they could have ended up in a serious position. I urge the Chairman to treat this issue as a priority and attempt to have amending legislation brought forward.
I am glad Mr. O'Gorman brought up the issue of the Stay Safe programme. Every now and then I attempt to find out from the Department of Education and Science the number of schools in which it is taught. The answer is always 70% to 80% of schools. It has never varied since its introduction. I do not know how well it is taught or how useful it is. We may have fooled ourselves into thinking we have put in place a protection which in fact is inadequate. I remember when it was introduced that some objections were raised on the grounds that children would inform on their fathers. However, we must find out if their fathers are abusing them. Mr. O'Gorman is correct to state we must address the issue of the rights of the child as opposed to the rights of the family. This is a major issue and would require a constitutional referendum. While it is more difficult for us to act on that, it is possible to promote the Stay Safe programme as it is.
Mr. O'Gorman's statements on the survey conducted with Children First is profoundly depressing. In this country we are inclined to undertake reports, nod them through and believe we have taken action without resources and training. Perhaps they also do so in other countries. This is obviously what is happening here to a serious extent. The Ombudsman for Children's recent remarks regarding complaints to her only reinforces every word Mr. O'Gorman stated. It is extraordinarily worrying. The second matter we can push is obtaining improved resources and training for those involved in Children First.
Regarding High Court applications, Mr. O'Gorman again correctly brought up the situation where people are afraid of making statements about people who are obviously a danger to children. I do not know whether whistle-blower legislation will help. Public awareness is very important. I remember cases from when I first qualified as a doctor which obviously involved child sexual abuse. We had no notion of what we were dealing with. There is still not enough emphasis on it within the professions, not to mind attempting to bring public awareness to the issue. We have shied away from it.
I commend Mr. O'Gorman on his presentation. We can act on amending the Child Care Act. It is easy. We can also act on the Stay Safe programme. That is also not difficult. We can take action on training and resources, which is slightly more difficult. The area of High Court applications is more difficult as it would involve legislation on the reckless endangerment of the welfare of the child and perhaps whistle-blower legislation and a constitutional amendment. We can certainly begin with the easy matters.
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