Child Protection: Ministerial Presentation
Chairman: I welcome the Minister of State at the Department of Health and Children, Deputy Brian Lenihan, and his officials to discuss the Ferns Report and the report of the Ombudsman for Children on complaints received about child protection in Ireland…. I invite the Minister of State to begin.
Following the report:
Deputy Gormley: Will the Minister of State explain what he means by “executive privilege”? He spoke of consultations with the Attorney General on new legislation. When will it be introduced?
On accusations of abuse, to be abused is damaging; to be accused of abuse is also damaging. It is an extremely complex area. If an individual is accused of this heinous activity, there is no way back for him or her, even if he or she is proved innocent. Has holding such court cases in camera been considered or is that impossible?
On mandatory reporting, is there not a case to be made for whistleblower legislation? People are often afraid to report and need some protection to do so. This does not only affect sexual abuse offences but others also. The events at Our Lady of Lourdes Hospital, Drogheda, highlighted how people could be afraid to come forward to report certain actions. Will the Minister of State agree that the Opposition is correct on the urgent need for whistleblower legislation?
Deputy B. Lenihan: Deputy Gormley raised questions about the meaning of executive privilege. It means that certain information which comes to the attention of the working group does not have to be automatically disclosed in court proceedings and the inter-agency group can work without the threat of immediate and automatic disclosure of all the information which comes before its members in the course of the performance of their duties.
The Deputy referred to the problem of false accusations. This is part of the difficult balance the general law must observe. Clearly, the law of libel protects the reputation of individuals, while provisions to protect an accused person against wrongful conviction are built into the criminal legal system. There are procedures are in place, therefore, and the Deputy must consider this issue in the context of these general protections.
A matter referred to by the Deputy and several other members which caused me considerable concern was that of protection for persons reporting child abuse and whistleblowers.
Legislation is in place. The Protection for Persons Reporting Child Abuse Act 1998 came into operation on 23 January 1999. It provides immunity from civil liability for any person who reports child abuse, reasonably and in good faith, to designated officers of a health board, now the Health Service Executive, HSE, and any member of the Garda Síochána. It provides significant protection against discrimination for employees who report child abuse. It creates an offence of false reporting of child abuse. It was our preliminary response to the issue of mandatory reporting, with the promulgation of Children First - National Guidelines for the Protection and Welfare of Children. Although I appreciate there was a recent debate on whistleblowing, such a debate is not needed in this area as legislation is in operation.