Oireachtas Joint and Select Committees

Thursday, 29 January 2015

Joint Oireachtas Committee on Health and Children

Seventh Report on Child Protection 2014: Discussion

9:30 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

The Chairman of the committee was on the radio saying it would not go ahead.

I wish to turn to the area of direct provision, which Dr. Shannon said is a grievous breach of international law.

This practice has been condemned by a number of international experts. It is an issue of human dignity. How could it be resolved? The Department has commissioned yet another report but the time for reports is over. It is now time for action. We know from the figures released last week that 58 deaths have occurred in these institutions in the past ten years of which 13 have been children under the age of five years. That is horrific. It is wrong that people live in these circumstances and we do not need a report to tell us that. Dr. Shannon has the expertise in how to deal with these situations. In his report Dr. Shannon outlines that Mr. Justice J. Stevens would not send a family back to Ireland because it was not in the best interest of the child to live in these institutions. Members across all the political parties condemned the barbaric practices of mother and baby homes, yet in our modern democracy we are facilitating barbaric practices in direct provision centres. Will it not be the case in 30 years' time that those who succeed us as Members of the Oireachtas will be talking about how we, the current Members, failed a vulnerable section of society?

Dr. Shannon speaks about the need for fundamental reform of child protection legislation. There are in excess of 20 suggestions in his report. In his view did the shortcomings in the legislation contribute to the Roma case? It must have been a difficult experience for the family to have a member of the Garda Síochána knock on the door and take away their child because the child did not look like the rest of his family or bear a resemblance to them. I do not criticise the Garda Síochána because in the absence of a proper protocol and clear legislation one must strike a balance in arriving at the circumstances in which to intervene to ensure that the welfare of the child is protected. Sometimes the State and the Garda Síochána are criticised for failing to intervene in time. It is very important to ensure we have clear protocols in place so that the State intervenes only at the appropriate stage in child welfare.

The issue of Internet safety was raised. This is a recurring theme which was addressed in previous reports. It is welcome that legislation will be introduced to criminalise child pornography and child grooming. I hope that will be passed by the Oireachtas this year. We are aware of horrific instances of bullying and harassment. We know that such incidents have led to teenagers taking their own lives. Our legislation has not kept pace with the advances in technology. Would Dr. Shannon consider it appropriate to update the legislation to deal clearly and explicitly with cyberbullying and have penalties that are a clear and strong deterrent to the perpetrators of such a heinous crime? At present, the only person who suffers the consequences of the bullying is the person who is being bullied, not the bully. I would welcome Dr. Shannon's opinion on that.

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