Chapter 17:
Legislative context and references
Children First Act 2015
The Act provides for:
- Mandatory reporting of child welfare and protection concerns by key professionals
- Comprehensive risk assessment and planning for a strong organisational culture of safeguarding in ‘relevant’ services provided to children
- The provision of a register of non-compliance
- The statutory underpinning of the existing Children First Interdepartmental Implementation Group, which promotes and oversees cross-sectorial implementation and compliance with Children First
See also Children First: National Guidance for the Protection and Welfare of Children (2017) and Addendums
Criminal Justice Act 2006
Section 176 of this Act creates an offence of reckless endangerment of children. This offence may be committed by a person who has authority or control over a child or abuser who intentionally or recklessly endangers a child by:
- Causing or permitting the child to be placed or left in a situation that creates substantial risk to the child of being a victim of serious harm or sexual abuse; or
- Failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation
Child Care Act 1991
The Child Care Act 1991 places the focus on best interests of the child. It:
- Defines a child as anyone under the age of 18 unless they are or have been married
- Requires State services to not only respond to child protection or welfare concerns but also to seek to identify children who might be at risk of abuse or neglect
- Provides for the granting of various orders to Tusla for the protection and welfare of children
- Provides for the funding and provision of family support services
- Gives Gardaí the power to remove children to a place of safety without a court order, when required
Criminal Law (Sexual offences) Act 2017
This Act addresses the sexual exploitation of children. It creates offences relating to obtaining or providing children for the purposes of sexual exploitation.
It also creates offences for activities that may occur during the early stages of the predatory process, prior to the actual exploitation of a child. For example, using modern technology to prey on children and/or making arrangements to meet with a child, where the intention is to sexually exploit the child.
The Act also recognises the existence of underage, consensual peer relationships, where the sexual activity falls within strictly defined age limits and where the relationship is not intimidatory or exploitative.
Protection for Persons Reporting Child Abuse Act 1998
This Act provides protection for people who report child protection concerns to Designated Officers in Tusla, the HSE and to An Garda Síochána. The Act protects people who report child protection concerns ‘reasonably and in good faith’ (that is, they report what they believe to be true and they do so in good faith). The Act protects the reporter from being sued for slander or defamation and also protects the reporter from being penalised by their employer.
Another important aspect of the Act is that it makes it a crime to make malicious, false reports.
Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012
Under the Act, it is a criminal offence to withhold information about a serious offence, including a sexual offence against a person under 18 years or a vulnerable person. The offence arises where a person knows or believes that a specified offence has been committed against a child or vulnerable person and he or she has information that would help arrest, prosecute or convict another person for that offence, but fails without reasonable excuse to disclose that information as soon as it is practicable to do so to a member of An Garda Síochána.
The provisions of the Act are in addition to any reporting requirements under the Children First Act 2015.
National Vetting Bureau (Children and Vulnerable Persons) Acts 2012–2016
Under these Acts it is compulsory for employers to obtain vetting disclosures in relation to anyone who is carrying out relevant work with children or vulnerable adults.
The Acts create offences and penalties for persons who fail to comply with its provision.
Statutory obligations of employers in relation to Garda vetting requirements for the persons working with children or vulnerable adults are set out in the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012–2016.
Data Protection Act 2018 and General Data Protection Regulation 2018
The General Data Protection Regulation (GDPR) is a European Union regulation that came into effect on 25 May 2018.
It has general application to the processing of personal data in the EU, setting out extensive obligations on data controllers and processors, and providing strengthened protections for data subjects. In Ireland, the national law, which, among other things, gives further effect to GDPR, is the Data Protection Act 2018.
According to the GDPR, an organisation can only process personal data under certain conditions. For instance, the processing should be fair and transparent, for a specified and legitimate purpose and limited to the data necessary to fulfil this purpose.