merrion street

A Cheann Chomhairle,

I would like to start by thanking Deputies Ó’Ríordáin, Daly, Wallace, Timmins, Naughten and O’Caolain for raising this issue.

There has, of course, been understandable public interest in two cases which have come to light in recent days involving children with Roma families.

As I have stated already, we are all pleased and relieved that the concerns that arose on the part of the authorities in these two cases have proved to be unfounded and that these children have been reunited with their families, where they belong. I am, as we all are, particularly conscious of the regrettable distress that arose for the two families and their children. I want to state again, quite clearly, that no fault of any nature attaches to the two families concerned.

It is important that we all remember the context in which these cases have arisen; where concerns have been expressed by members of the public in relation to the protection of individual children. Child protection is a most complex and sensitive issue and I am sure Deputies will appreciate that it would not be appropriate for me to comment on the detail of individual child protection cases, and that I cannot depart from that practice simply because of the particular circumstances of the case. That being said, I think it important that I make a few points

An Garda Síochána and the HSE have to deal with very difficult situations and have to make very difficult decisions when dealing with issues of child protection. They can be open to criticism for either doing something or doing nothing. We are all aware of cases in the past where the authorities have been criticised for not intervening to protect children at risk. In each of these cases, the authorities responded in good faith to concerns expressed to them.

The law provides clear powers for An Garda Síochána and the HSE where it is believed that a child may be in danger; and the Courts are also involved in making the appropriate decisions. Urgent procedures are available, and indeed necessary, to ensure that the safety of a child can be assured while appropriate inquiries are being made. Such actions by the authorities are inevitably distressing for parents. However, the Garda and the HSE are faced with the reality that not invoking the procedures could involve taking a risk with the safety of a child. This is the difficult and complex reality these frontline staff face when they have to make such decisions, based on the information they have at that time.

In each of these cases, the Gardai responded in good faith to concerns reported to them. I am conscious that the events under discussion took place against a backdrop of events which took place outside this State. In seeking to ensure that the welfare of children is fully and properly safeguarded and that every child in this State is afforded, where necessary, the protection of the State, it is important that no group or minority community is singled out for unwarranted attention or, indeed, suspicion in relation to child protection issues. It is, of course, of substantial importance that Gardai only intervene pursuant to Section 12 of the Child Care Act 1991 where there are reasonable grounds for believing that there are immediate risks to the safely and welfare of a child.

It is, of course, important to ascertain what lessons can be learned from these cases. That is why I have requested the Commissioner of An Garda Síochána to provide me with a full report on the background circumstances that led to each of these children being taken into care and the procedures that were followed. My colleague, the Minister for Children and Youth Affairs has similarly asked for a full report from the HSE.

The House will be aware that the Ombudsman for Children has the function of promoting the rights and welfare of children. The legislation specifies that this function includes monitoring and reviewing generally the operation of legislation concerning matters that relate to the rights and welfare of children. In addition, the Ombudsman may be requested to give advice to Ministers on any matter. Against this background, we propose to provide the Ombudsman with the reports prepared by the Health Service Executive and An Garda Síochána and ask her to examine what occurred. She will independently carry out this function and be free to raise any questions of relevance to the events that occurred and also to engage with the parents of the children who were temporarily taken into care. I have already had preliminary discussions with her and I understand she has been contacted by Minister Fitzgerald’s Department. I have been assured by the Garda authorities that they will, of course, cooperate fully with any inquiries she wishes to make and I have no doubt that will be the case in relation to the HSE as well.