Oireachtas Joint and Select Committees

Tuesday, 25 April 2023

Joint Committee On Children, Equality, Disability, Integration And Youth

Possible Enhancement of Child Protection Powers of Tusla: Discussion

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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The agenda item for consideration this afternoon is a discussion on the possible enhancement of Tusla's child protection powers. Joining us for this session from Tusla are: Ms Kate Duggan, interim chief executive officer; Ms Patricia Finlay, regional chief officer; Mr. Mike Corcoran, head of registration and regulatory enforcement; Mr. Ger Brophy, chief social worker; and Ms June Boulger, from the office of the chief executive officer. They are all very welcome to our meeting this afternoon and I thank them for being here with us.

Before we begin, I will go through some housekeeping matters. I advise everyone that the chat function on Microsoft Teams should only be used to make the team on site aware of any technical issues or urgent matters that may arise during the meeting and should not be used to make general comments or statements. I also remind members of the constitutional requirement that they must be physically present within the confines of the Leinster House complex in order to participate in public meetings. I will not permit a member to participate where he or she is not adhering to this constitutional requirement. Any member who attempts to participate from outside the precincts will be asked to leave the meeting. In this regard, I ask any member who is participating via Microsoft Teams to confirm that he or she is on the grounds of the Leinster House complex before making his or her contribution to the meeting.

With regard to parliamentary privilege, in advance of inviting the witnesses who are here today to deliver their opening statements, I advise them of the following in relation to parliamentary privilege. Witnesses who are participating from the committee room are reminded of the long-standing parliamentary practice to the effect that they should not criticise or 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 their 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.

Before I invite Ms Duggan to deliver her opening statement, I will take a minute to discuss the scope of this meeting. The topic of the meeting is a discussion of the possible enhancement of Tusla's child protection powers. While the initiative to hold the meeting arose following the publication of the Shannon report into St. John Ambulance Ireland, it is not within this committee's remit to consider that body. Furthermore, as a matter of law, the committee cannot investigate the conduct of that body or of any person who is not a Member of the Houses of the Oireachtas. The committee's function is to consider and make recommendations relating to legislation, policy and the administration of the Department and State bodies for which the Department is responsible, such as Tusla.

I also remind members and witnesses that Garda investigations are ongoing and civil proceedings may also be taken. It is essential that all parties avoid any comment which could have the effect of prejudicing any criminal or civil proceedings, including comments that assume the guilt of any person. This is required by the constitutional separation of powers and by Standing Orders. Prejudicial comments could prevent a trial taking place and I remind all present that no one has been convicted of an offence and that all persons are presumed to be innocent unless and until convicted in a court.

I also remind members and witnesses of the long-standing rule that persons who are not Members of the Houses should not be named or referred to in any way which could enable them to be identified. I will not hesitate to intervene if necessary although I do not believe this will be necessary. The opening statements will be followed by a session of questions and answers. That completes our housekeeping matters. I invite Ms Duggan to deliver her opening statement.