A SENATOR revealed yesterday that he knew of numerous cases where action could have been taken against individuals who carried out heinous abuse of children, if there had been a mandatory reporting requirement.
Mr Sean Maloney (Labour), who was a psychiatric nurse for 26 years, said a great many people, had got off scot free because of the way the system had operated. The Donegal based senator was contributing to the Seanad debate on the Government discussion paper on the issue of mandatory reporting of abuse.
He said his own experience led him to support the introduction of obligatory reporting. At the same time, there must be safeguards to deter, as far as possible, the making of false allegations, he said.
The circumstances of the Kelly Fitzgerald case confirmed that if and when compulsory reporting was brought in, it must apply to all forms of child abuse.
"Mandatory reporting may give rise to its own problems but surely anything is better than the recent stream of revelations we have seen here."
A senior TCD social work lecturer had this week argued in The Irish Times that mandatory reporting might not be necessary added Mr Maloney.
His thesis had been that what professionals really required was clarification of the existing situation with regard to legal immunity and other matters.
"In my view the lack of confidence in the system is one of the most cogent reasons for the introduction of mandatory reporting."
Information on an organisation describing itself as Accused Parents Aids Groups was sought by acting Fianna Fail Seanad leader, Mr Michael Finneran, who asked the Minister of State for Health, Mr Austin Currie, if he could confirm that a complaint had been made to his department about the alleged failure of all the health boards to report to gardai a large number of child abuse and child sexual abuse cases between 1987 and 1991.
Mr Finneran also wanted to know if the minister could confirm that as a result of complaints, the Irish Medical Council's Fitness to Practice Committee was to "hold an official inquiry into the conduct of a leading expert in child sexual abuse.
Criticising the decision not to publish the Western Health Board, report into the Kelly Fitzgerald case, Mr Finneran said there were recommendations to say this tragedy would not happen again.
"But can we be sure of that? I am certainly not convinced. I believe the Minister and the Government must take this whole area into a fairer control that is neither fragmented nor unco ordinated."
Mr Dan Neville (FG) said there was a growing urgency for the public to be informed and to be in a position to identify the signs of child abuse.
There should be a bureau or a special group of professionals known to be available who could handle the situation and fully respond to allegations of child abuse in a speedy fashion.
Multi discipline teams should also be set up in each health board area to examine the situation sensitively and to ensure that the best interests of the child were catered for.
Mr Joe O'Toole (Ind) said the biggest problem in tackling child sexual abuse was that each health board was dancing to a different tune.
There should be a national co ordinated approach on how such cases were handled. Mandatory reporting would protect teachers who were at risk from accusations of omission or commission.
The introduction of mandatory reporting should be accompanied by the establishment of a special section attached to the Department of Education, or some other Government department, which would respond within 48 hours to any allegations disclosed through a teacher.
Ms Marian McGennis (FF) criticised the Minister for saying that a consensus needed to be reached on how the best interests of children could be achieved in this area.
What was really needed was a willingness to make hard decisions.
Suppression of reports on alleged abuse now seemed to be the norm. It was bad enough that they had to endure the Government preference for reports to action. People were bewildered at the failure to act on this vital issue.
It was hypocritical and a waste of time to regret what had happened decades ago and to call for, inquiries into such events when we had more recent happenings that had seen a young girl's death. Unfortunately the Government had decided that the report in this instance could not be published.
Ms Jan O'Sullivan (Lab) said that in some ways teachers had a crucial role to play in this area because they, more than any other professionals, were in day to day contact with children. They needed to be trained in the handling of allegations and to be given the necessary protection. Mandatory reporting requirements must be clearly defined. She favoured the Law Reform Commission suggestion that the person making such a report should know or have good reason to suspect abuse before having to report it.
Mr Willie Farrell (FF) noted that 4,000 to 5,000 Irishwomen went to Britain for abortions each year. They were not going of their own free will, he added. They were being forced to make these journeys by an attitude which was reminiscent of that which had consigned members of earlier generations to orphanages.