Seanad debates

Wednesday, 27 May 2009

Report of the Commission to Inquire into Child Abuse: Statements

 

1:00 pm

Photo of Mary WhiteMary White (Fianna Fail)

Over the period 1936 to 1970, a total of 170,000 children and young people entered the gates of the 50 industrial and reformatory schools. Just think about it. The Ryan report of the Commission to Inquire into Child Abuse in Industrial and Reformatory Schools was described last week by the New York Times as the "map of an Irish hell". The Ryan report calmly describes the systematic torture of defenceless children involving more than 800 known abusers in over 200 institutions during a period of 35 years. As the Minister for Education and Science, Deputy Batt O'Keeffe, said, tens of thousands of children were abused by 800 known abusers.

Children were flogged, kicked, scalded, burned and held under water. It was instilled in the children by those in charge of the institutions that nobody else wanted them and that they would never be successful in life. Sexual abuse was widespread in boys' institutions. The schools investigated by the Ryan commission reveal a substantial level of sexual abuse of boys, which extended over a range from improper touching and fondling to rape with violence. Much of the abuse took place at night in the institutions and, thus, many survivors now find it difficult to sleep. Night time therefore is often when they need someone to talk to and the lack of a 24-hour helpline, apart from the Samaritans, continues to cause grief.

This Irish hell did not take place in secret. Complaints were made to the Garda Síochána, the Department of Education, health boards, priests and members of the public. Department of Education officials were deferential and submissive to the religious congregations and did not have the moral courage to shout "Stop". Not only were children abused by the religious orders, but they were also often sexually exploited by volunteer workers, visitors, work placement employees, foster parents and even those who took them out for holidays or work experience.

In his speech, the Minister said the most important recommendation in the report is that the lessons of the past must be learned. We must never forget what happened. We must ensure that it is never allowed to happen again. I draw the Minister's attention, and that of the House, to three places where there is no independent inspection where children are in State care. First, 213 children are in residential centres for children with intellectual disabilities, yet there is no independent supervision. The Health Information and Quality Authority, HIQA, is charged with inspecting residential centres for children. However, HIQA does not inspect residential centres for children with intellectual disabilities because the administrative measures required for such inspections to take place have not yet been drawn up. The Ombudsman for Children, Emily Logan, is concerned about this situation and has convened a series of meetings with the Health Information and Quality Authority, the Department of Health and Children and the Minister of State with responsibility for children aimed at speeding up the commencement of independent inspections. We must never let it happen again that there is no independent monitoring of children in State care.

The second place where there is no independent monitoring of children in care is St. Patrick's Institution, which is an adult prison where children are held. There is no effective independent complaints process available to boys detained in St Patrick's Institution. The former Inspector of Prisons and Places of Detention, the late Mr. Justice Dermot Kinlen, repeatedly called for an end to the detention of children in St Patrick's Institution. It is a closed, medium security place of detention for males aged from 16 to 21 years of age serving sentences up to life. International human rights treaties, which Ireland has signed, and our amended Children Act 2001, make it clear that children should not be detained together with adults.

Previously, the Ombudsman for Children called for an end to the practice of detaining boys aged 16 and 17 in St Patrick's Institution. Although there is now some degree of separation between those under and over 18 years of age in St Patrick's, the Ombudsman for Children has called for the use of St Patrick's as a place of detention for children to end as soon as possible. This can be changed immediately.

On the day of a visit by the Ombudsman for Children, 50 children were detained in St Patrick's Institution; 16 of them were aged 16 years and 34 were aged 17 years. The children were locked in their cells from 7 p.m. until 8 a.m. They were also locked in their cells for breakfast and supper and lunch was the only communally eaten meal. No open visits were allowed; the children sat on one side of a Perspex panel while their visitors sat on the other. On the day of the Ombudsman for Children's visit, the sound quality in the visiting room was very poor. St Patrick's is an old building and the material conditions of detention are very poor and the poor state of the building and the cell accommodation has been well documented by the Inspector of Prisons and Places of Detention and the European Committee for the Prevention of Torture.

The third category of children in care who are not subject to independent monitoring is that of separated children living in Ireland. At present, there are approximately 180 separated children under the age of 18 living in Ireland in the care of the HSE. Separated children are children who have come to Ireland without their parents or a guardian. The majority of these are based in the greater Dublin area. While all these children are in the care of the State, only a small number live in HSE-run centres and the majority reside in private hostels which have been contracted by the HSE to provide accommodation for the children. The private accommodation is not subject to any independent inspection. Separated children do not have access to an independent guardian and many separated children do not have regular access to a social worker directly allocated to them.

Every day we have spoken passionately about the Commission to Inquire into Child Abuse and the inquiry into sexual abuse in our institutions and reformatory schools. I have just placed on the record three categories of children who are not inspected. This is the very issue we are speaking about. Tens of thousands of children in State care were abused and, today, children can still be abused because we do not have independent monitoring. Unless independent monitoring is put in place we have no guarantee that children are safe in State care today.

To bring the Minister of State up to date, the Seanad has spoken about a cross-party dimension of this report and it is an opportunity for us all to work together to ensure delivery of the 21 recommendations of the Commission to Inquire into Child Abuse. When I read of the Cabinet meeting yesterday and the Taoiseach's statement on implementing the 21 recommendations, my heart lifted. The Minister of State, Deputy Barry Andrews, has been designated to draw up a plan to deliver these 21 recommendations and to show how this will be done. He will have a report in place by the end of July.

The question was asked why this report will be done in July when the Seanad is not sitting. We can sit when the report is published. What is stopping us? We can all attend. I do not know what is the issue about the date. It shows the bureaucratic mentality of the people who raised it as an issue. It is up to everyone to be present on the day when the report of the Minister of State is delivered to the public. It was also drawn to my attention that the Children First guidelines are being reviewed. The recommendations of the report of the Commission to Inquire into Child Abuse and those which will come from the report of the Dublin archdiocese commission on child abuse will be implemented in the Children First guidelines. I thank the Minister of State for his patience and I thank the Cathaoirleach.

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