Oireachtas Joint and Select Committees

Wednesday, 22 February 2017

Joint Oireachtas Committee on Children and Youth Affairs

Governance and Control Procedures in Tusla - Child and Family Agency: Discussion

9:00 am

Mr. Fred McBride:

In the case of historical allegations, are there processes that ensure review and that the case is returned to rather than just lying on a shelf and that it is investigated at least in some manner and what does this process involve? This is really part of the challenge. Perhaps the chief operations officer can comment on this. We have no specific power to compel. For example, we cannot compel a person against whom an allegation is being made or any third party to talk to us about these allegations. Sometimes what we have is an allegation that relates to a period of time 20 or 30 years ago. On occasion, we have no means of following up with the alleged perpetrator and, therefore, these situations are left in a quite inconclusive manner unless further information comes to light. This is part of the challenge we have in trying to balance fair and due process for a person against whom an allegation is made on the one hand and looking at the level of risk that may be contained in an allegation. It is part of that balance and it depends on the quality and nature of the information we receive.

In terms of the template form for allegations of abuse, does it require that allegations of abuse are deleted from the form before being saved as a template again? We correct any information that comes to light that is found to be incorrect. We would take it down from any kind of electronic system. Therefore, it would be corrected, but not necessarily destroyed because there are data protection issues around that.

How many times since the establishment of Tusla have clerical errors led to files being held which falsely alleged sexual abuse? I am sorry but I do not have a number on that. We would need to come back to the Deputy on that. I would not have a number in my head.

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 no case is progressed by the gardaí or the Director of Public Prosecutions? Deputy Neville also asked if there is a time limit or file retention policy. As I said, we do not hold false information on people. The information is corrected but there are data protection issues about that information being completely destroyed. That is something we will have to discuss with the Data Protection Commissioner's representatives when they come to visit us.

Can Mr. Quinlan remind me about the file retention policy?

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