Oireachtas Joint and Select Committees

Wednesday, 25 March 2015

Committee on Education and Social Protection: Select Sub-Committee on Social Protection

Social Welfare (Miscellaneous Provisions) 2015: Committee Stage

1:05 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

All right, fair enough.

Second, where there was a case of institutional abuse and compensation was paid, under the Social Welfare Acts that is exempt from all calculations. There have been a handful of cases where there has been gross negligence on behalf of the HSE in relation to vulnerable children. Previously, I have brought this issue up, both publicly and privately, with the Tánaiste and Minister for Social Protection, Deputy Joan Burton, and to date it is falling on deaf ears.

There are sensitivities in this regard. If a child or someone who has just come of age falls into a substantial amount of money and there has been public discussions regarding a particular community in a particular part of the country, it is easy in a rural area to put two and two together and get four. I refer to a small number of cases. In these cases, if the abuse had happened in a State institution, there would not be any issue in relation to it but, because it happens with State neglect in the community, it has to be disclosed to the Department, it is known by the local social welfare inspectors and known in the local community, and it makes it much more difficult for that particular individual to move on and cope with the trauma. Not only had they the abuse and the associated media controversy to deal with and cope with, but on top of that they must make this declaration to the Department and other agents of the State are now aware of it purely because the State neglected to act in an appropriate manner to protect that particular child in the first instance. As I say, there are only a handful of persons involved here. Surely there can be an amendment put into the Social Welfare Acts that where the HSE makes compensation payments in relation to its gross negligence regarding the protection of children who ended up in abusive situations, that, too, would be exempt the calculation.

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