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:

It depends on the circumstances of the case. All of our inspections that have been undertaken by HIQA have recognised that where we identified that a child or children were at immediate risk then immediate action was taken. I must be honest with the Deputy about what happens if an allegation is made by an adult about something that happened to him or her 20, 30, 40 or 50 years ago. Sometimes the allegation will be unclear due to the passing of time. It may not at all be clear what the circumstances are or whether the perpetrator is still around and can be located. If we are asked or challenged to prioritise that kind of case over a child who may be at immediate risk of harm we will prioritise the latter.

Senator Noone mentioned regulatory oversight. Tusla is one of the most heavily regulated agencies in the country. In terms of corrective action, we have done a number of things. We have actively tried to engage with the Data Commissioner. Before the current episode emerged we had previously engaged an external body to conduct a high level assessment of data protection practices and procedures. The body has made some findings and stated it was impressed by saying:

Tusla management had demonstrated an impressive appreciation for the confidentiality and care with which personal records and sensitive personal data should be managed across a wide range of services.

The body has made some recommendations and findings that we will act upon.

We have engaged with the Data Commissioner since recent events unfolded. We have issued instructions to all of our areas to be particularly vigilant around data handling issues. In the past couple of days I have invited them to contact me directly if they are aware of any particular issues of a similar nature. The chief operations officer has also set in place the system to allow the areas to identify similar types of cases or issues that we need to be aware of at a senior level. I have outlined some of the things that has been done since.

Senator Noone asked what happens when false allegations are made. If someone within Tusla is found to have made a false allegation I am clear it would result in a very serious process. If false allegations are made by people outside of Tusla then we must find that out first before we do anything. We would then report the false allegation to the Garda. Were there other aspects to the Senator's questions?