Oireachtas Joint and Select Committees

Tuesday, 22 June 2021

Committee on Public Petitions

Safety and Welfare of Children in Direct Provision Report: Discussion

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

I welcome everyone to our public virtual meeting using Microsoft Teams. The Ceann Comhairle of the Dáil, Deputy Seán Ó Fearghaíl, and the Cathaoirleach of the Seanad, Senator Mark Daly, have appealed to everybody in the parliamentary community to continue to follow public health advice, to wear a mask and to maintain social distancing. I request that members, witnesses and staff use wipes and hand sanitiser provided to clean seats and desks that are shared, so as to supplement regular sanitation. This will help to mitigate the risk of Covid-19, including the Delta variant, spreading among the parliamentary community.

I propose that we approve the minutes of the private and public meetings on 29 April 2021, already approved in a virtual private session this morning. We must do this for procedural reasons. Is that agreed? Agreed.

I will now read some formal notices. I remind members of the constitutional requirement that members must be physically present within the confines of the place of which Parliament has chosen to sit, namely, Leinster House and-or the Convention Centre Dublin in order to participate in public meetings. I will not permit a member to participate where they are not adhering to this constitutional requirement. Therefore, any member who attempts to participate from outside the parliamentary precincts will be asked to leave the meeting.

Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses regarding references witnesses may make to other persons in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. However, witnesses are giving evidence remotely from a place outside of the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness who is physically present does. Witnesses may think it appropriate to take legal advice on this matter.

Witnesses are again reminded of the long-standing parliamentary practice that they should not criticise and make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if witnesses' statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

The committee's first meeting on direct provision was held on 11 May, when we met the Ombudsman, Mr. Peter Tyndall. Today, we continue our examination of direct provision with the Ombudsman for Children, who published a report in April, entitled Safety and Welfare of Children in Direct Provision. On behalf of the committee, I am delighted to extend a warm welcome to our witnesses from the Office of the Ombudsman for Children: Dr. Niall Muldoon, Ombudsman for Children, and Ms Nuala Ward, director of investigations.

Before we hear from Dr. Muldoon, I propose that we publish his opening statement on the committee's website. Is that agreed? Agreed.

I thank Dr. Muldoon for his own volition investigation, which started in February 2018 and resulted in last April's report. The report includes 14 findings where the office found that certain actions may have been contrary to fair and sound administration. The report made 12 recommendations addressing the International Protection Accommodation Service, IPAS, which is part of the Department of Children, Equality, Disability, Integration and Youth, and Tusla, the Child and Family Agency.

The committee looks forward to hearing Dr. Muldoon's statement, including on what progress has been made so far, when we can expect better news and what the next steps are. The committee also welcomes the Government's recently published White Paper on ending direction provision.

I suggest that Dr. Muldoon make an opening statement of between five and ten minutes, after which there will be questions and comments from members. As usual, each member will have approximately five minutes. This will give a member time to contribute a second time if needs be. Members may speak more than once.

I invite Dr. Muldoon to make his opening statement.

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