Report urges new powers for Health Minister

THE Inquiry has recommended the consideration of a law which would introduce a new criminal offence for anyone who fails in their duty to protect a child.

Legislation enabling the Minister for Health and Children to seek a barring or restraining order from the High Court in cases where a person with unsupervised access to children has abused or is deemed to be a serious risk needs to be put in place.

Another recommendations is for an in depth study of the powers of the Health Services Executive to intervene in cases of child sexual abuse committed by a non-family member.

Gardaí must be trained in how to interview children appropriately “and be able to provide a child-friendly and secure environment for this to take place in order to reduce trauma.”

All gardaí should notify their superiors in writing of any decision not to investigate or proceed following an allegation of child sexual abuse, the report states.

“The Inquiry would recommend that a local Supt should consult with the Domestic Violence and Sexual Assault Investigation Unit in Dublin to seek their advice where issues arise in relation to the desirability of maintaining surveillance on an alleged or suspected perpetrator of an offence of child sexual abuse...”

The Inquiry’s detailed recommendations will now be considered in depth and followed up as a matter of urgency, according to Minister for Children, Brian Lenihan.

In the Executive Summary the Inquiry comments: “The members of the Inquiry would express the hope that should the type of abuse chronicled in this Report ever occur again, there will be mechanisms and procedures in place which will enable victims promptly to report the abuse in the confidence that they would be believed and the certainty that appropriate action would be taken to terminate the wrong doing.”

The report highlights the lack of statutory powers enabling the health authorities at the time to fully protect children from abuse.

It recommended that every effort should be made by legislation and publicity to preserve and strengthen the more open environment of reporting sexual abuse.

It believes every organisation which employs, qualifies or appoints persons to positions where they have a significant measure of unsupervised access to children should prepare, publish and revise from time-to-time a code of conduct.

It should also set an observable standard of conduct so that parents and priests would recognise any departure from the code.

“Every person to whom a complaint of child sexual abuse is made should immediately create a written record of the complaint,” the report stresses.

Regular high level meetings between the Diocese, the gardaí and the HSE, which have evolved in Ferns, were seen by the inquiry as having considerable merit.

At meetings of the Inter Agency Review Committee, authorities should raise suspicions, rumour or innuendo known to them in relation to misconduct of any member of the clergy.

Convening these meetings and recording and maintaining records of them should be the HSE’s responsibility, the report states.