Government approves publication of the annual report of the Special Rapporteur on Child Protection, Professor Conor O’Mahony

The government has approved publication of the 2021/2022 annual report of the Special Rapporteur on Child Protection, Professor Conor O’Mahony.

This is the third and final report to be submitted by Professor O’Mahony, who was appointed as the Special Rapporteur in July 2019 for a term of three years. Overall, it is the 15th Report of the Special Rapporteur on Child Protection and it relates to developments for the 12-month period from July 2021 to June 2022.

The main thematic chapter covered in the report is an examination of Tusla’s use of residential care, particularly private residential care, as a mode of alternative care. The report contains a review of progress on issues raised and recommendations made in the previous reports submitted during Professor O’Mahony’s term and a reflection on the role. The report also considers the findings of relevant reports of national and international bodies, as well as developments in international law, national court decisions and academic research published during the reporting period.

The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, who submitted the report to Government, said the report of the Special Rapporteur covers a wide range of policy areas and that relevant departments and agencies would now be reviewing the contents and recommendations set out within it. He noted the particular focus on residential care in this year’s report and that his department and Tusla would consider these recommendations in detail.

Speaking today, Minister O’Gorman said:

Read the 2021/2022 report.

The terms of reference for the Special Rapporteur on Child Protection are as follows.

1) The Rapporteur shall, in relation to the protection of children and on the request of the Minister for Children, Equality, Disability, Integration and Youth:

a) Review and report on specific national and international legal developments for the protection of children;

b) Examine the scope and application of specific existing or proposed legislative provisions and to make comments/recommendations as appropriate; and

c) Report on specific developments in legislation or litigation in relevant jurisdictions.

2) The Rapporteur shall report on relevant litigation in national courts and assess the impact, if any, such litigation will have on child protection.

3) The Rapporteur shall prepare, annually, a report setting out the results of the previous year’s work in relation to 1) and 2) above.

4) The Rapporteur will provide, if requested by the Minister, discrete proposals for reform, prior to the submission of the annual report.

5) The annual report of the Rapporteur will be submitted to the government for approval to publish and will be laid before the Oireachtas and published.

The Rapporteur is accountable to the Oireachtas and is entitled to consult with Departments of Government and the Ombudsman for Children about any legislative initiatives designed to enhance child protection.

All of the reports of the Special Rapporteur are laid before the Houses of the Oireachtas and are published on the website of the Department of Children, Equality, Disability, Integration and Youth. Previous Special Rapporteur reports are available.

Professor Conor O’Mahony’s term of office as Special Rapporteur on Child Protection expired in July 2022. The Public Appointments Service (PAS) open competition to select the nominee for the role for the next three-year term is nearing completion. The name of the nominee selected through this process will shortly be brought to Government for approval.