| Files in This Item: |
| File |
Description |
Size |
Format |
View/Open |
| xAdviceonWithholdingandChildrenFirstJun12.pdf | | 381Kb | Adobe PDF | 
View/Open |
|
| Title: | Advice of the Ombudsman for Children on the Heads of the Children First Bill 2012 & The Criminal Justice (Withholding of information on offences against children and vulnerable persons) Bill 2012 |
| Authors: | Ombudsman for Children Office (OCO) |
| Publisher: | Ombudsman for Children Office (OCO) |
| Issue Date: | Jun-2012 |
| URI: | http://hdl.handle.net/10147/252383 |
| Type: | Report |
| Language: | en |
| Description: | The Minister for Children and Youth Affairs published the Heads of the
Children First Bill on the 25th of April 2012. The stated purpose of the
proposed legislation (“the Children First Scheme”) is to place certain aspects
of Children First: National Guidance for the Protection and Welfare of
Children on a statutory footing. The Minister for Justice, Equality and
Defence also published the Criminal Justice (Withholding of Information on
Offences Against Children and Vulnerable Persons) Bill 2012 on the same
day. This legislation (“the Withholding Information Bill”) creates a criminal
offence of withholding information in relation to serious specified offences
committed against a child or vulnerable person.
1.2. Section 7 of the Ombudsman for Children Act 2002 provides that the
Ombudsman for Children may give advice to Ministers of the Government on
any matter relating to the rights and welfare of children, including the
probable effect of proposals for legislation. In accordance with this statutory
function, the Ombudsman for Children’s Office has set out below a number
of observations and recommendations on the proposals put forward by the
Government. This submission builds on previous advice provided by the
Ombudsman for Children’s Office in relation to the Scheme of the
Withholding Information Bill and the initial proposals to place aspects of
Children First on a statutory footing.
1.3. These initiatives represent a significant development in the legislative
framework governing child protection in Ireland. This Office has decided to
comment on the Children First Scheme and the Withholding Information Bill
in the same submission because of the overlap between them with respect to
the issue of reporting abuse. It is acknowledged that the Children First
Scheme is broader in scope and addresses other issues such as the general
safeguarding obligations on specified organisations, cooperation and
information sharing, and the framework for the implementation of Children
First. In addition, the threshold for reporting under the Withholding
Information Bill differs from the Children First Scheme with respect to the
nature of the offences to be reported and the quality of the information held
by the person on whom there is an obligation to report. The Children First
Scheme relates primarily to reporting obligations to the HSE, whereas the
4
Withholding Information Bill is concerned with reporting to An Garda
Síochána. However, both deal with arrangements for reporting child abuse
and, together with the National Vetting Bureau Bill, form a suite of child
protection legislation being advanced by the government at present.
Moreover, certain individuals will potentially find themselves subject to
reporting requirements under both pieces of legislation with respect to the
same child protection concerns. As a result, it is important that they be
consistent with one another and provide clarity in relation to when and how
members of the public, as well as particular organisations and professionals,
are to report child protection concerns.
1.4. This Office previously advised that consideration be given to merging the two
Bills or that they be advanced through the Houses of the Oireachtas at the
same time. This would assist the Oireachtas in ensuring that the two pieces
of legislation cohere fully with each other. As the Oireachtas has already
begun its consideration of the Withholding Information Bill 2012, it is
recommended that the latter option be taken.
It is recommended that the Withholding Information Bill 2012 and the
forthcoming Children First Bill 2012 be advanced through the Houses
of the Oireachtas at the same time in order to ensure that both pieces
of legislation cohere fully with each other. |
| Keywords: | LEGISLATION
CHILD HEALTH |
| Appears in Collections: | Office of the Ombudsman for Children
|
All Items in LENUS are protected by copyright, with all rights reserved, unless otherwise indicated.
Del.icio.us
LinkedIn
Citeulike
Connotea
Facebook
Stumble it!
