From Department of Children, Equality, Disability, Integration and Youth
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The Government has approved publication of the annual report of the Special Rapporteur on Child Protection, Professor Conor O’Mahony.
This is the first report to be submitted by Professor O’Mahony, who was appointed to the position of Special Rapporteur in July 2019. Overall, it is the 13th Report of the Special Rapporteur on Child Protection and it relates to developments for the year 2019.
The report considers the findings of relevant reports of national and international bodies published during 2019, as well as developments in international law, national court decisions and academic research during 2019. It also examines in detail a number of aspects of the Child Care Act 1991, which is currently under review by the Department of Children, Equality, Disability, Integration and Youth.
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 in it. He noted the particular focus on the review of the Child Care Act 1991 and said that his Department is considering these recommendations in detail and is currently engaging with other relevant Departments on some of the key recommendations for reform of the Act.
Speaking today, Minister O’Gorman said:
"The reports of the Special Rapporteur provide important input to the development and review of child protection policy and legislation as well as an objective and independent expert view of the child protection system in Ireland. I welcome this first report from Professor Conor O’Mahony in his role as Special Rapporteur, which has a timely focus on three areas relevant to the review of the Child Care Act 1991. The Special Rapporteur’s report is a very significant and valuable contribution to the review of the primary piece of legislation regulating child care and child protection policy in Ireland. My Department is considering each of the relevant recommendations in detail and will be working with colleagues across Government to progress some of the key recommendations for reform."
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.
All of the reports of the Special Rapporteur are laid before the Houses of the Oireachtas and are published here.