New legislation to protect children rather than a constitutional referendum has to be the Government’s “immediate concern”, Taoiseach Brian Cowen has said.
Mr Cowen was responding to questions in the Dáil today in relation to the findings of the Murphy commission on the handling by the Dublin Archdiocese and the State of allegations of child sex abuse by members of the clergy.
He said Minister for Children Barry Andrews would consider the report with a view to deciding what needed to be done, in addition to the measures it would implement in response to the Ryan abuse report published last May.
He said the Murphy report outlined a “harrowing litany of abuses” by clergy operating under the aegis of the Dublin Archdiocese.
“Concerns have been expressed about the statutory powers of the Health Service Executive to deal with child sexual abuse by non-family members, and the office of the Minister for Children will be consulting further with the office of the Attorney General to seek clarity in that regard,” Mr Cowen said.
He said the heads of a bill in relation to the use of ‘soft’ information were currently being prepared.
'Soft information' is information available to the authorities about individuals where the person hasn’t been charged with or convicted of a criminal offence.
Mr Cowen said the proposed legislation on soft information would need to have regard to the constitutional rights of persons, including the right to equality before the law, the right to a good name, the right to privacy and the right to earn a livelihood.
“It will also have to address the right to fair procedures and have regard to the European Convention on Human Rights.”
The Garda Síochána and the HSE have been consulted in relation to the draft legislation.
Mr Cowen noted that the HSE also had powers under section 3 of the Childcare Act 1991 “to promote the welfare of children not receiving adequate care and protection”.
A revised edition of the Children First guidelines would also be published shortly and circulated throughout the public service.
“In addition, the office of the Minister for Children and Youth Affairs is committed to the preparation of legislation to ensure that State employees and staff from key agencies in receipt of Exchequer funding and who are working with children will have a duty to comply with the Children First guidelines.”
On the question of a children’s rights referendum - a matter which has already been examined by an Oireachtas committee - Mr Cowen said it was a matter which could be given consideration, but that the immediate concern had to be legislative proposals.