DRAFT HEADS: CHILDREN FIRST BILL 2012
Statement by Swim Ireland
9TH May 2012
Chairperson, Senators, Deputies
I would like to thank the Committee, on behalf of Swim Ireland for the invitation to offer our thoughts on Draft Heads of the Children First Bill 2012.
My name is Kate Hills, and I hold the position of National Children’s Officer in Swim Ireland, with responsibility for Swim Ireland’s child welfare and protection policies.
Swim Ireland is the National Governing Body for the Aquatic Disciplines. Following on from lessons we have learnt from our past we strive to implement and work to best practice principles at all times to ensure sport is fun, safe and conducted in the spirit of fair play.
Swim Ireland has submitted a full report detailing the individual points under each of the Heads, however I understand time is a premium and will intentionally keep the points here short and precise. I welcome questions on any point to further the committee’s understanding of the position of Swim Ireland.
We have viewed this Draft Heads from a practical, working standpoint using our experiences of working with our Clubs and members. As you will be aware our organisation works with volunteers in the protection and welfare of children and it is with this in mind that we raise these main points today.
Children First
We welcomethat the proposed legislation will operate in conjunction with Children First with, in particular, the emphasis on raising the awareness of child abuse.
We have found this to be essential in sport – people working with children and indeed parents leaving their children in the care of sports leaders need to understand the reasons for policies and procedures to protect their children. By raising awareness itis far more likely policies and procedures are put in place rather than left on a shelf.
The definition of emotional abuse is missing – this and the definition of physical and sexual abuse need to brought in line with the definitions in Children First
We do need clarity about the requirement to disclose informationin line with the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Bill 2012or the requirement to report concerns in line with Children First.
Our present policies directindividuals to report concerns or allegations to the HSE, we all have a societal responsibility to be aware of harm to children; we just need to be clear on the guidance and advice we issue to our volunteers on their legal responsibilities.
Organisations
As a sports body we welcome our automatic inclusion into the list of organisations that have a statutory obligation to report concerns or allegations of abuse. This supports our current policies and procedures.
We have a concern regarding the exclusion of leisure facilities which cater for adults but allow children to use their facilities. This needs further consideration and clarification as many facilities providing for adults also offer separate children’s activities. It would be important to bring such activities under the proposed legislation.
Swim Ireland, as with other National Governing Bodies, can only mandate for our own clubs and registered members.
We do not have jurisdiction over facilities providing swimming (of which there are over 400 in Ireland as an estimate) and I would suggest there are other child specific activities provided in such facilities that are being missed in the proposed legislation.
This is a gap for the protection of children that may preclude those providing activities for children in implementing the intended legislation.
Designated Officer Appointment
The sport body structure commonly operates through several layers – nationally, regionally and locally through clubs. Swim Ireland are slightly different in that we have licensed coaches and teachers who are individual members and may operate outside of the club environment.
Our clubs operate independently of us but are subject to our rules and guidance, e.g. each is required to have its own management structure but also to adopt and implement the Swim Ireland Safeguarding ChildrenPolicies and Procedures.
It is not clear at what level the appointment of a Designated Officer is targeted. It is a huge undertaking to require voluntary people to take on the responsibility of a Designated Officer at club level, let alone providing the resources for training and up-skilling these individuals.
We estimate there is a turnover of 25% of volunteers in our child welfare role, currently over 300 volunteers in child welfarerolesare involved in 121 clubs with membersunder 18 years old; it is already a demanding responsibility with individuals subject to our mandatory requirements.
We are not suggesting our volunteers would renege on their responsibility; we are simply concerned the appointment of a Designated Officer at Club level will not be manageable.
The Designated Officer role should be placed with the national organisation where the resources can be managed for it to be effectively implemented. There has been a suggestion of a cascade structure to ensure thateach club appointsof an individual authorised by the Designated Officer. Swim Ireland already have this structure in place as the appointment of the Designated Person in a club is mandatory – we have 121 clubs (with members under 18 years of age) and we have 121 Designated Persons.
Audit Requirement
We have a similar concern regarding the audit – again the level at which this is intended for sports bodies needs to be clarified, and many of our concerns around management and resources of the Designated Officer apply here too. The audit should be conducted at national level and we would welcome guidance on this – an audit will only be an effective measure if organisations are audited to the same standards. The sports bodies may not have the expertise internally to appoint such a committee.
Volunteers
We would like clarification on the definition of a ‘volunteer’ in a sports organisation. Swim Ireland have strict requirements for any member with a role that has responsibility for children; our interpretation of the definition is that any member who has a role is subject to the legislation whether or not they have a responsibility for children, but it will not be applicable to those who are just members with no role as they are not performing a service.
Also it isnot clear if a volunteer is prohibited from working in an organisation by a Designated Officer or the HSE where this is recorded and if this information is available to other organisations.
We would welcome the release of the proposed documents in advance of the Bill i.e. Safeguarding Guidance for Organisations, Guidance for Reporting of Abuse and Keeping Safe Plan to prepare our volunteers and as an organisation for the changes ahead.
The essence of the proposed legislation is a huge step forward for the protection of children and puts much of what sports organisations have strived to put in place on a legislative basis – this brief presentation deals with some of our queries and concerns, unfortunately time does not permit us to mention each of the beneficial areas in the proposed legislation.
Thank you for this opportunity to speak with you today.
Kate Hills,
National Children’s Officer
Swim Ireland
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