PQ: Priority Questions: Child Protection Issues
61. Deputy Niall Collins asked the Minister for Justice and Equality the timeframe for the completion and publication of the investigation into the removal of two children from members of an ethnic minority; and if he will make a statement on the matter.
Deputy Niall Collins: The question is based on the recent taking into care by the Garda Síochána of children in Athlone and Tallaght.
Minister for Justice and Equality (Deputy Alan Shatter): It is important to ascertain what lessons can be learned from these events. For that reason, I requested a full report from the Garda Síochána and I expect it to be delivered to me by Friday, 8 November. The Minister for Children and Youth Affairs has similarly requested a full report from the HSE on the matter and it is expected to be delivered to her within the same timescale. The Minister for Children and Youth Affairs and I have requested the Ombudsman for Children, Emily Logan, to carry out an examination of the matter. The Minister for Children and Youth Affairs and I have confirmed to the Ombudsman that we will provide the two reports requested from the Garda Síochána and the HSE upon their receipt on 8 November.
In order to ensure that the Ombudsman for Children is in a position to comprehensively and independently address all issues arising out of these events in so far as An Garda Síochána is concerned, I have already announced my proposal to appoint her, in accordance with section 42 of the Garda Síochána Act 2005 as amended by section 42 of the Criminal Justice Act 2007, to conduct an inquiry. This is intended to ensure that she has sufficient powers to carry out an inquiry and is in a legal position to access all information that she may require from An Garda Síochána. She is already vested with legal powers in respect of any engagement she may undertake arising out of these matters with the HSE.
I am not in a position to inform the Deputy of the exact timeframe for the completion of the Ombudsman for Children’s report. The Deputy will appreciate that the Ombudsman for Children will be carrying out an independent investigation and will take the time she believes she needs to ensure that her investigation is comprehensive so that her report can address these matters fully to her satisfaction. Upon the completion of this important task I look forward to receiving from her a detailed report containing such observations and recommendations as she may make. I believe this is an appropriate response to the issues that have been raised and I am grateful to the Ombudsman for Children for agreeing to undertake this task.
Child protection cases can, of their nature, involve complex and difficult choices. It is important now that an appropriate period of time be allocated to allow this process to take place and that people do not prejudge its outcome.
It is also important that we do not undermine faith in the child protection services. Of course people should report to the authorities any reasonable concerns they have about the safety of children. However, in seeking to ensure that the welfare of children is 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 child protection issues.
Deputy Niall Collins: We all agree it was difficult in this situation for An Garda Síochána to get the balance right. Obviously, protecting vulnerable children and children at risk is a priority for all of us, but we also have to recognise people’s basic human rights. As I stated in my introduction, there were two cases, in Athlone and Tallaght.
It must be pointed out that there are also data protection issues, because those children were no sooner taken into care than it was fully across the media. I ask the Minister whether he has contacted the Data Protection Commissioner in that regard. He might comment on the matter.
For me it is not about the allocation of blame, but there must be proper accountability, given that there is impending legal action or that it has been flagged.
The Minister stated that he is awaiting the Garda Commissioner’s report, which I believe he will receive on Friday next. Specifically, that report needs to spell out what was the immediate risk based on which An Garda Síochána engaged section 12 of the 1991 Child Care Act, why the HSE was not asked to conduct an assessment and why other children in the same locations from the same community were not taken.
The Minister stated that he had asked the Ombudsman for Children, Ms Emily Logan, to produce a report. Why has he not tied in the Garda Síochána Ombudsman to conduct a joint report, given that office’s expertise in investigating the activities of An Garda Síochána? Both offices have dovetailed on previous assignments.
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