Call to extend child protection legislation

Legislation which makes it a criminal offence to withhold information in relation to offences against children should be extended to include protection from emotional abuse, an Oireachtas committee heard today.

Representatives of the country's main sporting organisations made the recommendation during verbal submissions to the Joint Committee on Health and Children on the contents of the upcoming Children First Bill 2012.

The GAA, FAI, Swim Ireland and the Irish Sports Council were represented at the hearing.

Sports Council chief executive John Treacy called for the inclusion of emotional abuse as a reportable category in line with Children First guidelines.

"Currently in the Bill abuse means sexual abuse, physical abuse and neglect of the child. The Bill excludes emotional abuse," Mr Treacy told the committee.

"The Bill should be consistent with Children First," he added.

Representatives also called for the early publication of the Keeping Children Safe plan and HSE guidelines which are referred to in the heads of the Bill.

"It is vital that education and training are put in place to ensure that volunteers fully understand and can comply with the proposed legislation," Mr Treacy said.

GAA child welfare officer Mr Gearóid O'Maolmhicil said the absence of these documents left sporting organisations "at a disadvantage".

The sporting organisations sought clarification on the role of the “designated officer” when advice is sought from the HSE. Under the Bill, designated officers will have a legal obligation to report suspicions and allegations of abuse to the Health Service Executive.

The failure to do so may result in a jail term of up to five years.

"At what stage may seeking advice also become a form of reporting," Mr O'Maolmhicil asked.

FAI grassroots operations manager Miriam Malone said the Bill raised concerns about the informal consultation process where the proposed legislation says advice provided by the HSE cannot be used as a defence to failure to report.

"Where a designated officer has contacted the HSE and provided all the information that they have available to them and is advised - based on that information - that a report is not necessary, we believe that they should not be subject to sanction," she said.

Kate Hills, national children's officer for Swim Ireland, raised concerns over adult facilities that offer separate children's activities.

"We do not have jurisdiction over facilities providing swimming of which there are over 400 in Ireland."

"I would suggest that there are other child-specific activities provided in such facilities that are being missed in the proposed legislation."

Mr O'Maolmhicil and Ms Malone called for tighter definition of the term “volunteer” under the legislation.

The GAA representative said those who give lifts or collect children on a regular basis from sporting events should be considered for inclusion under the definition of volunteer outlined in the legislation.

"Certainly on a one-off basis they may not come under the meaning of a volunteer but if this is done as part of a continuous role in a GAA club we would urge a rethink of the definition," he said.