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

Mr. Ger Brophy:

On the systemic abuse point, and looking back given what we know now, Dr. Shannon was very careful in how he described this in his report. I think he has achieved a very good balance in this regard. As I said in response to earlier questions, especially from Senator Seery Kearney, there are features of systemic abuse that certainly exist in this context. Could we say there is an organisational culture - and there is certainly an organisational culture - within elements of how the organisation functioned which facilitated that abuse? Dr. Shannon has been very clear in how he has pointed this out. Could we say this is organisational abuse? I do not think it fits that definition, even if we were looking back over it now. We certainly could not say it is organised abuse. There are not enough features of that to count consistently. A whole picture would be required to look at this as we do it. The powers we have concern looking at individual cases. When we look at those individual cases collectively and look back from this vantage point, there are definitely features of what the Deputy referred to. The report establishes this.