The enactment of the Children First Bill meets an important legislative
commitment in the Programme for Government to, for the first time, put key
elements of the Children First Guidance on a statutory footing.
As passed by this House, the Bill contained three main elements relating to
child welfare and protection and following a Government amendment in Seanad
Éireann the Children First Bill also includes a provision to abolish the
common law defence of reasonable chastisement.
The three original elements of the Bill are as follows:
Firstly, the Bill obliges certain professionals and others working with
children to report child protection concerns to the Child and Family Agency
and to assist the Agency, if requested to do so, in its assessment of a
child protection risk.
The second key element of this Bill obliges a provider of services to
children to undertake an assessment of the potential for risk of harm to a
child while that child is availing of its services and to prepare an
appropriate Child Safeguarding Statement in accordance with the Bill.
The third element provides statutory underpinning for the Children First
Inter-departmental Implementation Group which will promote cross-sectoral
implementation and compliance with Children First. This Group, which
comprises a representative of each Government Department, and a
representative each of the HSE, An Garda Síochána and the Child and Family
Agency will be required to keep the implementation of this legislation
under review and to report on an annual basis to the Minister for Children
and Youth Affairs.
This Bill represents an important addition to the child welfare and
protection measures already in place and will help to ensure that child
protection concerns are brought to the attention of the Child and Family
Agency, and that the Agency gets the information and cooperation that it
requires, in order to deal with any child welfare or protection concerns.
The provision to abolish the common law defence of reasonable chastisement
has been included in the Children First Bill by way of a Government
amendment in Seanad Eireann in response to a proposal made by Senator
Jillian Van Turnhout. I strongly commend the Senator for her initiative
and the members of that House for their strong endorsement of this measure.
This development was consistent with a commitment that the Government gave
earlier in the year to the Council of Europe.
Consideration of the removal of the common law defence is not a new issue.
In fact it has considerable history – having been referenced by the Law
Reform Commission in its Report of 1994 arising from an examination of the
law concerning non-fatal offences against the person.
Nor is corporal punishment a uniquely Irish issue, as international human
rights bodies continue to highlight shortcomings in the legal frameworks in
various parts of the world – both in developed and in developing countries
– to afford the fullest protection to children against violence.
Corporal punishment in the home is subject to the provisions of certain
laws. Specifically, Section 2 of the Non-Fatal Offences Against the Person
Act, 1997 (which deals with the assault of any person) and Section 246 of
the Children Act, 2001 (which deals with cruelty to children). However, it
is currently the case that a common law defence of ‘reasonable
chastisement’ could be raised in the case of parents, or persons acting in
loco parentis (other than teachers), where the question of a prosecution
arises.
The legislative step is not about a challenge to legitimate parental
authority; there is no new offence being created. Rather, it is
fundamentally a human rights issue concerning the dignity and welfare of
children. It is about giving children nothing more than the same
unqualified protection under the law of assault that is available to all
other citizens.
The initiative to abolish reasonable chastisement should be seen in a wider
context of on-going work by the Government to advance the rights of, and
protections for, children through significant statutory, structural and
strategic change. The drive to enhance a prevention and early intervention
approach, rather than a crisis intervention approach, to child protection
is at the core of our efforts. This important orientation is evident in
the Child and Family Agency Act 2013 and in the Bill before us today. The
amendment, while simple in its form, can have a considerable impact into
the future both for the good of children, their parents, and wider society.
Conclusion
The Children First Bill represents an important step forward in children’s
rights and protections. It is fundamental to establishing a culture that
categorically proclaims that all children in this State are to be
protected, and that individuals, professionals and organisations will all
play their part in ensuring that this is so.
I thank members of the Oireachtas for their contribution to the passage of
this legislation, and I look forward to the cooperation of all society in
making Ireland a safer place for our children.