Child protection act wins approval
The House of Assembly backed a new Act designed to protect children from abuse -- sexual, physical and mental.
Health and Family Services Minister Wayne Furbert said after starting the debate: "It's a very important piece of legislation.
"We're talking about protecting our children and the Act sets out very clearly what certain rights of children are.'' It now becomes mandatory for professionals who suspect child abuse to report their fears to social workers.
And a new register of those convicted in child abuse cases will be set up so applicants for jobs with youngsters can be checked out.
Mr. Furbert said: "The legislation only affects children at risk of significant harm so the parents still have the primary responsibility for children.
"Corporal punishment is not removed from the law -- people can still spank a child.
"But when people go over the line and there is serious physical or mental abuse, the courts can step in.'' The Child and Family Services Department will be able to insist on supervision orders, which will allow children to stay with their families, although the situation will be closely monitored.
Children seen to be more at risk can be removed from their home and put with foster parents or in a children's home.
And emergency orders can be granted in some cases, allowing children to be pulled out of unsafe homes.
Mr. Furbert added that -- for the first time -- family members can take at-risk children in and get a care allowance.
Closer supervision of foster homes, nurseries and children's homes will also help to ensure first-class care for youngsters.
Shadow Health and Family Services Minister Renee Webb backed the new legislation.
And she said she was pleased legislation recognising that children had rights had come before the House.
But Ms Webb -- who told the House she saw fellow pupils suffering at the hands of an over-the-top teacher as a young girl -- said she was opposed to corporal punishment, as was the PLP.
She added: "The point is, it can get out of hand -- as a consequence of seeing that early abuse, I've always been an opponent of corporal punishment.'' And she said the child abuse register would help protect children from being preyed on by paedophiles -- known to be generally serial offenders who often try to get jobs which bring them into contact with children.
Ms Webb questioned part of the legislation allowing social workers to step in when children are declared "beyond parental control.'' And she said parents had to accept primary responsibility for the children's behaviour.
Ms Webb -- a single parent -- added that many people feel children are "out of control'' because they are brought up in one-parent families.
But she said: "Many children out of control have two parent families -- being born out of wedlock does not mean you will be a bad child or a bad parent, for that matter.'' And she pointed out that several MPs, including Government Ministers had been brought up in single-parent homes.
She said: "I'm not saying that that can't be a part of it, but in and of itself, it isn't.'' And she added that paying family members who take an at-risk child in would keep youngsters out of institutions or from having problems settling in to foster homes.
Minister without Portfolio Kim Young said one of the difficulties with current laws on children was that often different ages were used, where the new legislation settles on under-18 as the benchmark.
Mrs Young added: "Professionals can now make a call if they feel a child is at risk.'' And she said she was not a supporter of corporal punishment either.
Mrs Young added: "Some people don't know when to draw the line on child abuse. I consider it assault and battery when a child is beaten, but that is not a popular view.'' She also backed new rules governing commerical child care.
Mrs. Young said: "Children are our most valuable resource -- they should learn as much as possible at nursery school.'' Shadow Youth and Sport Minister Nelson Bascome said that child abusers had often been victims themselves as youngsters.
He added that he felt that the site for Family Court -- the Government Building on Parliament Street -- was not appropriate.
Mr. Bascome said the court was often overcrowded and the setting was "not sensitive to the type of issues which are being dealt with.'' Youth, Sport, Parks and Recreation Minister John Barritt thanked those who formulated the new legislation which replaces the 55-year-old Protection of Children's Act.
And he said the new Act would allow parents to drop their children off to care givers with piece of mind.
Government Whip and House Leader Quinton Edness said the Children's Act 1998 cleared the way for the eventual banning corporal punishment for children.
"This legislation points the way to banning corporal punishment for children,'' he said. "But it will not mean that parents will not be able to correct or discipline their children.
"When it goes into effect there will be no corporal punishment in nursery schools,'' Mr. Edness added.
Education Minister Tim Smith echoed his colleagues stance that the day care licencing provisions in the new Act was a positive step for the Island's nursery schools.
"This legislation attempts to level out the uneven quality of day care,'' he said.
Noting the fact that children learned the most during their first three years, Mr. Smith said it was important that children were stimulated while in day care.
Shadow Community and Cultural Affairs Minister Paula Cox also applauded the move to licence care givers and said that the mandatory reporting clause sent a clear message that young people must take priority.
"The family has rights but they are superseded by the child's rights,'' she said.
But noting the Report from the Task Force on Child Abuse, Ms Cox warned that there was still a lot of work to be done in the battle to protect children.
Opposition Leader Jennifer Smith welcomed the bill, especially the provision allowing minors to have a voice in their future.
Ms. Smith said the measure gave weight to the views of children.
"Children are no longer seen and not heard,'' she said. "Children have opinions.
"Finally we recognise that children are people too,'' And she expressed her pleasure over the provision allowing family members to be compensated for caring for a young relative in need.
"It is going to ease the burden on Family Services to find foster parents for children.'' Shadow Works and Engineering Minister Stanley Morton said the entire community had to work together to ensure that children had a "wholesome upbringing''.
And PLP back bencher Grace Bell said that parenting classes might hold the key to changing attitudes about child abuse.
Mrs. Bell suggested that child advocacy groups hold parenting classes for young Bermudians.
"Without parenting classes for young people, attitudes won't change.'' Deputy Premier Jerome Dill said the whole community had to concern themselves with the welfare of young people from the moment they are born.
"This is a tremendous step forward in our battle to be vigilant and make sure that our young people grow up to be productive citizens,'' Mr. Dill said.
But he added that the ultimate responsibility to ensure that the youth were cared for and nurtured laid at the feet of parents.
Despite his stance, Mr. Dill said that the new legislation would be a "God-send'' to young people, families and to the country as a whole.
Noting that children were helpless, UBP backbencher Michael Dunkley urged all parents to enjoy their children through both the good and bad times.
And he said that the new Act would help to catch those who fell through the cracks.
Health Minister Wayne Furbert said he still supported spanking in schools -- and the new laws would not stamp out corporal punishment.
"In my day it was called licking and spanking,'' he said. "I support licking and spanking.
"But I do not support wilfully abusing a child. I had a few licks in my young days. I turned out, I think, reasonably well.
"I had the belt. I had a spruce stick. But I am still living today. I have no problem with disciplining children.
"A little spank on the butt has never hurt anybody yet.'' The debate was briefly interrupted when Environment Minister Harry Soares returned to the Chamber with news of Brazil's 3-2 World Cup win over Denmark.
He had earlier asked Shadow Health Minister Renee Webb for a score update, and word buzzed around the chamber that the Brazilians were leading 2-1 after conceding an early goal.
But Ms Webb, clearly interested in both the football and Parliamentary business, did not miss an opportunity to criticise the stance taken by Mr.
Furbert.
She said: "Under this act, it is illegal for parents to beat their children.
"But schools can still dish out corporal punishment. That's a contradiction in terms and it will lead to problems.
"I have always said that having corporal punishment on our books is a problem.'' Government backbencher Ann Cartwright-DeCouto said a public education campaign was needed to encourage people to tell the authorities if they knew child abuse was taking place.
"We are not talking about malicious gossip,'' she said. "We are talking about a PR campaign to these family secrets are not right and need to be brought to the appropriate authorities.'' Government Whip Quinton Edness stood to support the clause in the act which requires anyone with suspicions of child abuse to contact the Director of Family Services.
He said the "mandatory reporting'' aspect of the new law was an "early warning system''.
The former Home Affairs Minister also applauded the child abuse register, which will include names of people found guilty of various offences.
Premier Pamela Gordon had already said parents were becoming quick to blame Parliament for stripping them of their "responsibilities to correct their children''.
But she said: "A parent still has the responsibility to correct their children. They just don't have the right to brutalise children.'' Home Affairs Minister Maxwell Burgess said the act was designed to punish immorality, because "children are our future''.
He said: "You can't legislate responsibility. You can't legislate good parenting skills. You can't legislate morality.
"This act just says what we will do to penalise those who engage in immoral acts with our children.'' Former Opposition Leader Lois Browne-Evans said social workers needed to demonstrate "understanding'', adding that it was important to allow common sense to prevail.
"I hope that foster parents who take in children wil not be deterred,'' she said.
"I trust these people will not be hauled before a court because they have taken in children. This legislation is needed but we must be kind and understanding and not too regulated.'' House coverage continues on Monday