THE INTO has confirmed its support for the mandatory reporting of child abuse, but only if teachers and other professionals are given immunity from prosecution when they report their allegations.
In a position paper published by the union's central executive committee, the INTO has laid down the criteria which it believes are necessary if mandatory reporting is to be introduced. They include the clear definition of forms of abuse, the right to confidentiality of both the accused and the mandated person as the investigation is conducted and the provision of proper resources to deal with allegations of child abuse.
"We believe in prevention and we believe we have a strong role in prevention, both in the Stay Safe and Relationships and Sexuality programmes," said Mr John Carr, general treasurer designate and general secretary designate of the INTO. "We want to empower children to say `No' to abusers."
According to the INTO, the forms of abuse which might be subject to mandatory reporting must be clearly defined and the levels of gradation from inappropriate to abusive behaviours need to be clarified. There must also be agreed definitions of physical, sexual and emotional abuse between the agencies and professionals mandated to report or investigate allegations of child abuse.
Mr Carr said that the INTO had "little confidence" in the cohesiveness of the current system of reporting because there was "no uniform" system operated by the health boards. He said that the nature and legal status of health board investigations into alleged child abuse needed to be examined for the possible application of judicial procedures.
Under the existing system, four separate investigations of child abuse are possible in a school context: a health board investigation, a Garda investigation, an investigation by the school management board and an investigation by the Department of Education. Mr Carr said only in the case of a Garda investigation was there an obligation to adhere to established legal requirements, while protective agencies could "operate freely outside the procedures of natural justice".
The position paper also requires that the person mandated to report suspicions of abuse should be entitled to know the progress and the outcome of the investigation and should be entitled to anonymity until the abuse has been confirmed.
In the case of an individual accused of child abuse, the INTO believes that no action should be taken against him or her pending the confirmation of the allegations by the health authorities or the Garda. The person's employer or professional registration body should only be informed when the allegations have been confirmed.
Mr Carr warned what was required overall was a "cohesive and uniform" system supported by "massive resources" in terms of personnel, support and counselling. "At the end of the day, what we are about is finding ways and means of protecting children."