Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I thank the Tusla representatives for coming in. I will preface my remarks by saying that comments have been made about the Garda in recent weeks and months but regarding Tusla, it is also important to say that despite all the controversies with regard to Tusla it is worth recognising the very hard work, commitment and professionalism of the vast majority of its staff in what is very challenging work. Notwithstanding that, confidence in Tusla has been shaken by recent events and many people are very concerned about that.

I have some specific questions. Section 7.2 of the Children First guidelines states that it is essential that the Health Service Executive, which I presume in this area is now Tusla, and An Garda Síochána designate personnel at assessment, investigation and management level who will remain involved with the case until the assessment and investigation is completed. In that regard, are forms relating to those processes completed upon receipt of every allegation and in every case? On that basis, can we assume that it would be relatively easy to identify the designated persons in each individual case, ensuring accountability and oversight of files held?

In the event that it was alleged that a file had been created maliciously, would Tusla be capable of disproving that? Is it Mr. McBride's understanding that an administrative error of any nature regarding such a file should be reported as a data breach to the Data Protection Commissioner? Does Mr. McBride believe there is systemic data protection weaknesses in his organisation? Is it correct that the Data Protection Commissioner is carrying out an investigation into Tusla due to its failure to report administrative errors?

I want to underline the comments made by Deputy Rabbitte and Senator Noone on historical cases. I, too, query whether those cases might be treated as lower risk cases and whether that might be contrary to the Children First guidelines. With regard to historical cases, are there processes in place to ensure a review and that the cases are returned to rather than simply left lying on a shelf? Are they investigated at least in some manner, and what does such a process involve? Does the form template for allegations of abuse require that allegations of abuse are deleted from the form before being saved again as a template?

How many times since the establishment of Tusla have clerical errors led to files being held which falsely alleged abuse, and in what circumstances could that happen? In the event of allegations of abuse being found to be without basis, at what stage are files generally deleted by Tusla? Similarly, how long are files relating to allegations held in the event that no evidence is found to support an allegation and a case is not progressed by the Garda or the Director of Public Prosecutions, DPP? Is there a time limit, and is there a file retention policy?