Oireachtas Joint and Select Committees

Wednesday, 20 September 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Child Protection Audit: Dr. Geoffrey Shannon

9:00 am

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

I thank Dr. Shannon for his presentation. I am glad to continue our engagement following on from the Committee on Children and Youth Affairs. I said at that stage that his report and audit is an extraordinary piece of public service and a real addition to our work and the work of both Departments. I also stated at the time that it highlights the need for fundamental reform of our child protection systems. This audit focused on a discrete area relating to section 12. However, all these issues need to be revisited regarding section 13 of the Child Care Act 1991 and a much broader range of issues because we have a deeply flawed child protection system. With section 12, there is clear evidence of the frustration of many gardaí in dealing with those services.

It is important to note individual gardaí have shown a high standard of commitment and compassion, which is to their credit. It is also important to note, however, that An Garda Síochána, as an institution, is not beyond reproach in this regard. The issue of PULSE and data has been dealt with. However, it is worth emphasising that it is not an abstract or technical issue. In page 43 of Dr. Shannon's report, he stated, "Particulars with regard to prior or subsequent history on PULSE for children were not included in 31 instances." As far as I understand it, when a child is removed under section 12, the only record the Garda has at the time of that incident is what is entered on PULSE. What that says to me is that there are 31 children for whom we cannot pick up the thread. I may be misunderstanding this but it seems to me there is a gap which potentially is putting children who were at serious risk of abuse at further risk and creating a situation where the Garda, social services and Tusla are unable to pick up that thread. That is a significant concern and highlights the seriousness of the deficiencies. While Dr. Shannon has recommended improvements, the PULSE system is clearly not fit for purpose from a child protection point of view.

Dr. Shannon detailed the ethno-cultural data. It is vitally important to get that issue right. The issue of racial profiling could become one of significant debate. In Britain in recent years, there has been significant criticism of the over-representation of black people in stop-and-search instances, with black people six times more likely than white individuals to be stopped. I am glad Dr. Shannon found no evidence of racial profiling. However, if we are to ensure lessons can be learned from other jurisdictions, we need to have proper information on the data entered into PULSE.

One of the most significant conclusions Dr. Shannon made was how inappropriate it was to bring children who were taken from situations of abuse and neglect to police stations or hospitals and to keep them there for several hours. What is the safest place to where these children can be brought? What should be the proper procedure for the Garda when it removes a child? It relates to the whole area of inter-agency co-operation and co-location. One of the most disappointing and frustrating findings in the report was how gardaí were contacted by Tusla late on a Friday evening informing them of child protection situations and leaving them to pick up the pieces over the weekend. That is dreadful and obviously inter-agency co-operation needs to be improved significantly. What is the building block for co-location? Should it be primary health care centres, family resource centres or Garda stations?

The Minister of Children and Youth Affairs and her Department produced an implementation plan to deal with the child protection failings in Tusla. Is there an equivalent implementation plan that An Garda Síochána has put in place?

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