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 Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

Dr. Shannon's appointment is well deserved and the alliance has made a superb choice.

My first question is more general. I received a commitment last year from the former Minister for Children and Youth Affairs, Deputy Fitzgerald, that the Government would look at Dr. Shannon's different reports - I feel sometimes he is reporting on an issue again and again - and look to carry out some implementation plan so that we as legislators would know what different Departments felt about the proposals made in his reports, such as whether they were viable or feasible and whether they were intended or planned. Has Dr. Shannon had any contact with the Department of Children and Youth Affairs or its Minister with regard to ensuring not just that we get a report from him, which is invaluable but that we can see how we could progress and track it and bring about change? I will limit myself to a few specific areas. Each area of Dr. Shannon's report warrants a hearing in itself.

In respect of direct provision, I support Dr. Shannon in respect of the recast reception conditions directive. The right to work is very important for family life and is critical in respect of role models for children. Dr. Shannon mentioned the work of the working group at the Department of Justice and Equality. I realise that this process is ongoing. However, I do not accept there is any barrier as to why the Minister for Justice and Equality cannot bring in the independent complaints mechanism and why we must await the outcome of a working group report. Dr. Shannon has recommended having an independent complaints mechanism on several occasions in his reports. We brought it in through legislation in the Child and Family Agency Act, which has the Ombudsman for Children as that mechanism. Is there any reason why this delay exists? It unacceptable at this stage that we do not have this mechanism in place.

I welcome the fact that Dr. Shannon has again raised the issue of forced marriages. It was on foot of his report that I put forward a motion with Senator Ivana Bacik on child marriage in June 2014 because I was alarmed in respect of the High Court ruling about the 29-year-old and the 16-year-old. For me, child marriage is socially licensed sexual abuse and amounts to exploitation of children. It reprehensible that Ireland allows it to happen. We allowed 28 applications in 2012. Does Dr. Shannon believe there is any reason we should keep the exemption in place to allow this? I do not see a reason in this day and age given our understanding of childhood.

I note what Dr. Shannon said about grooming and the measures proposed are well overdue. As Dr. Shannon said, he raised it in his first report in 2007 so we should take that on board along with the recommendations he made relating to the Child Care Act. They are wide and varied and could have huge ramifications that would be positive for child care now that we know more about what is happening in the courts, as Dr. Shannon noted.

In respect of the forthcoming child and family relationships Bill, I am of the opinion that Dr. Shannon has been misquoted. Perhaps I have misunderstood but I hear many people saying that he has said that marriage is the gold standard for families. I believe they have deliberately misinterpreted and misrepresented him.

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