Oireachtas Joint and Select Committees
Thursday, 13 June 2024
Committee on Public Petitions
Amendment of the Child Care Act 1991: Engagement with the Alliance of Birth Mothers Campaigning for Justice
1:30 pm
Mattie McGrath (Tipperary, Independent) | Oireachtas source
Cuirim fáilte roimh na finnéithe. I welcome the witnesses and thank them sincerely for their ongoing work on behalf of the most vulnerable children in our communities and our country. The Constitution states that we must cherish all children equally. They are fighting a crusade on behalf of many mothers and some fathers to get objective, honest and proper care for their children. In some cases, where they feel their children have been wrongfully taken away from them, with the in camera rule and everything else, it is a huge challenge.
I have to put on record that I have no faith whatsoever in Tusla - zilch. When it was set up, I spoke in the Oireachtas. It was hived off into a corner of the HSE and the organisation was appointed. There was no thought, no planning, no proper checks and balances, and we have the results of it today. We need only think of the fact that in January of this year, 22 children went missing in State care.
Ms Kavanagh outlined a number of press reports and she mentioned Kitty Holland and others. I thank those members of the press for the work they have done because this is completely under wraps. The in camera rule in court needs to be examined because parents and advocates have no rights whatsoever. I thank this committee for hearing the witnesses today on this petition to see if we can bring some clarity and some element of fairness for the families and our people. We are all Teachtaí Dála and Seanadóirí. We are messengers of the people and it is our duty because the State has failed these people.
Not only has it failed them, but it is victimising them. Figures have been quoted on the money spent on private providers. Children were handed in to some of those private providers, which then allowed unvetted people to take charge of them. It is appalling. I am still involved in some clubs and organisations. The Garda vetting process is applicable to every person in many different organisations, and some people have to do it four, five and six times. To think we would be paying vast sums of money to private entities that do not have proper procedures and do not have people who are vetted beggars belief.
Apart from the testimonials to the committee today, I have been contacted about numerous cases across the country, including in the middle of the night. I was told by a now retired Garda superintendent in Clonmel about ten years ago that it was out of hand. Tusla and social workers might be dealing with cases during the week but, as the superintendent said to me, social workers want to take the weekend off so they call in gardaí at 3 p.m. to take the children out of the houses. That came from the mouth of a Garda superintendent. It is one of the cases. I have come across cases where Tusla employees are arrogant, uncaring and downright belligerent. I know of a family where two Tusla workers made an order against an adult man which meant he could not be with his own children.
The whole lot has since been totally dropped in court. A nolle prosequi was entered after several court cases. One of the Tusla officials, in front of this man's mother and siblings and other people who were appointed as helpers to the family, said they all thought he was guilty and laughed at them. That official is not a judge. No court of law found that gentleman guilty. Outrageous comments were made. I have heard that numerous times. It is quite disgusting and out of control. The more they are out of control, the more harm they can do and the more they can destroy the lives of families and individuals.
I get calls in the middle of the night from people. I attended a press briefing this morning at which it was highlighted that two or three Garda squad cars can go into a school yard in the middle of a school day to pick up children on the instructions of Tusla. This is in front of the children's classmates. It causes fear. Imagine three squad cars arriving in a school yard and taking away children. When the mother arrives at 3 p.m to pick them up from school, the children are gone. This is appalling behaviour. The Minister, Deputy O'Gorman, stood up recently and said Tusla is an excellent organisation and gave it top marks. This is despite all of the complaints he has heard and the countless number of times that my colleagues, Deputies Durkan, Tóibín and Paul Murphy, among others, have raised this in the Dáil. Not enough of our colleagues are challenging the system.
This system is essentially an adjunct of the HSE, hived off and given all these draconian powers. The ask from the testimony today is simple: we have to have powers. HIQA can close down nursing homes, and has done so in many situations involving physical buildings and possible dangers to people's health or safety. The issue we are talking about here is that of children going missing. There was an exposé in the Irish Examiner about children being picked from care and brought to a hotel, more than likely in order to be sexually exploited. It is a horror story. The sooner the Government deals with this situation, the better. Our State has failed these people so much.
From the bottom of my heart, I again thank the witnesses for their testimony today. How do they believe we, as a committee and public representatives, can get some justice? What actions do we in this Oireachtas need to take, albeit in the last months of its existence? What can we do to ensure the next Oireachtas takes this up and deals with it wholeheartedly? I would be interested in any suggestions they have as to what we can do. I salute them for their testimony and their dedicated hard work on behalf of children, young people and even the children who have not been born yet. I thank them for being here.
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