Proposal just a red rag to distract a bull

The pitch by Paula Bennett for new laws to prevent abusive parents from having children must surely be a ruse to distract people's anger at the Education Minister's proposal to increase class sizes.

It must be a strategic ploy rather than a meaningful proposal because there are already legal measures available to protect at-risk infants. Every week, children are placed under CYF care orders from the moment of birth. Those charged and convicted of crimes against children are usually imprisoned for a considerable time, effectively removing them from society and access to children for the length of their sentence.

Like a matador wielding a red cape, this sudden policy announcement by the National Government is clearly meant to divert attention and take the heat off the overwhelming resistance that surfaced to the proposed changes to the teacher/pupil ratio.

Attempting to play such obvious political games with such a serious issue as child abuse is not appropriate. It is not a matter about which the Social Development Minister can simply trumpet her outrage to garner political kudos and appear to be "tough" on child abuse. We all have concerns about abuse and violence to children and despair at the unwillingness of politicians to develop a cross-party response.

Identifying at risk children is not easy. Agencies such as the police, CYF and health services can and do at times miss signals of danger and are constantly working to improve their systems.

This task is made more difficult because at risk families by their very nature often go to great lengths to stay hidden below the radar of scrutiny.

There certainly is a need to extend legal powers to enable the courts to order an unborn child into the care of the State during pregnancy.

This would place the infant and parents under close monitoring well before the baby is born.

Bennett must know there are already specific legal avenues for the exchange of risk information around children.

Section 15 of the Children, Young Persons and their Families Act (1989) states that "any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally or sexually), ill-treated, abused, neglected or deprived may report the matter to a social worker or a constable".

Section 16 of the act says that "no civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person pursuant to section 15 of information concerning a child or young person (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith".

The Health Information Privacy Code (1994) states a health agency that holds health information must not disclose the information unless the agency believes, on reasonable grounds that the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to (i) public health or public safety or (ii) the life or health of the individual concerned or another individual (1(i)(ii)).

This is a reminder that the Privacy Act was written to give protection in the event of a legal challenge to disclosure of appropriate information.

It is not intended to prevent appropriate disclosure that safeguards vulnerable children.

Terry Sarten lives in Whanganui and describes himself as a social worker, writer and musician. Email him at: tgs@inspire.net.nz