LEGISLATION TO allow the use of “soft information” on people considered to be of danger to children is likely to be passed after Easter, according to Senator Mary O’Rourke, chairwoman of the Oireachtas committee that recommended the legislation.
Ms O’Rourke told a conference of the Women Lawyers Association at the weekend that this legislation would unlock a lot of issues for organisations campaigning for children’s rights.
Proposals to enact such legislation was contained in the first report of the committee, and were agreed by consensus of all the parties, she said.
The second report was due shortly and would deal with the issue of sex with children under the age of consent following the striking down of the absolute prohibition, with no possibility of a defence, on sex with girls. Consensus on whether to proceed by way of legislation or by way of constitutional amendment had not been reached, she said.
“There are 39 points of agreement in it, but the main point at issue is whether to deal with it by way of amendment or by way of legislation,” said Ms O’Rourke, who is chairwoman of the Oireachtas Committee on the Children’s Amendment to the Constitution. She said the committee would go on to consider the third leg of its remit, to design a constitutional amendment that would guarantee the rights of the child as an individual, not just as a member of a family. It should be an atmospheric amendment that would allow people charged with the care of children to do what was necessary to protect them without fear of falling foul of the Constitution.
Supt Colette Quinn, director of the Garda Diversion Programme, said the programme was based on the best interests of the child and the UN Convention on the Rights of the Child.
In 2007, 21,941 children were referred to the Diversion Programme, of whom 76 per cent were deemed suitable for it. A juvenile liaison officer identifies a child at risk and discusses with the child and his or her parents involvement in the programme as an alternative to court proceedings.
In addition, 538 children were involved in restorative justice, which brings the victim into the process and allows the child to apologise and take some action to repair the harm done.
The Garda promotes human rights, including the recognition and inclusion of the rights of the child, she said. The child’s right to privacy is protected, and information on the inclusion of a child on the programme is not disclosed unless ordered by the court.
The Children’s Ombudsman, Emily Logan, told the conference that her office had received more than 2,500 complaints from children in 2008. Of these 41 per cent related to education and 34 per cent to health.
Mary Hough, director of the Sligo Education Centre, warned against allowing “cultural relativism” diluting child protection standards among professionals.
Cultural sensitivity should not be equated with cultural relativism, she said, and sensitivity to cultural differences should not be used to justify lower standards of care and inaction among professions.
She said there were still problems with child protection measures, in that there was still no mandatory reporting of suspected abuse, there was also a need for ongoing training, children were still being left unattended and suffering physical punishment, and parents still had the right to withdraw their children from Stay Safe and RSE in schools.