From Department of Children, Equality, Disability, Integration and Youth
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The Government has approved publication of the 2020/2021 annual report of the Special Rapporteur on Child Protection, Professor Conor O’Mahony.
This is the second annual report to be submitted by Professor O’Mahony, who was appointed to the position of Special Rapporteur in July 2019. Overall, it is the 14th Report of the Special Rapporteur on Child Protection and it covers an 18-month reporting period from January 2020 to June 2021.
The report 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 report also examines in detail the impact of Covid-19 on child protection in Ireland and analyses the Final Report of the Commission of Investigation into Mother and Baby Homes from a human rights perspective.
The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, T.D., 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 that the thematic chapter on Covid-19 provides very valuable insights into the impact of the pandemic on children and young people, which would be of interest to several departments, including his own. He also noted the Rapporteur’s analysis of the Final Mother and Baby Homes Commission Report.
Speaking today, Minister O’Gorman said:
"I welcome this second annual report from Professor Conor O’Mahony in his role as Special Rapporteur. As well as providing an objective and independent expert view of the child protection system in Ireland, these reports have been influential in developing policy and legislation across the wider system. While progress has been made on many issues, there are others requiring further improvement and I will continue to work with Government colleagues and front-line agencies to improve the lives of children and young people in Ireland.
"I have always said that the Commission’s Report was not the end point in our engagement with the sad and complex legacy of Mother and Baby Institutions. The Action Plan published on 16 November outlines the Government’s wide ranging response to the priority needs and concerns of all those who spent time in those institutions. The Plan includes 22 measures to promote and honour the voice of survivors, enhance access to personal and institutional information, provide for further education and research initiatives, and provide dedicated services to respond to survivors’ current and future needs. In that context, I welcome ongoing engagement and analysis in this area, such as that undertaken by the Special Rapporteur."
The 2020/2021 report is available here.
ENDS
The terms of reference for the Special Rapporteur on Child Protection are:
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.
In respect of the Special Rapporteur’s analysis at Chapter 3, it is acknowledged that there was a lack of respect for the fundamental dignity and rights of mothers and children who spent time in Mother and Baby and County Home Institutions. The Taoiseach has apologised, on behalf of the Government, the State and its citizens, to all former residents of Mother and Baby and County Home institutions for the State’s failure to uphold its duty of care to the mothers and children in these institutions.
All of the reports of the Special Rapporteur are laid before the Houses of the Oireachtas and are published on our website here.