Oireachtas Joint and Select Committees
Tuesday, 21 May 2024
Joint Committee On Children, Equality, Disability, Integration And Youth
Review of Barnahus Model for Young People who have Experienced Child Sexual Abuse: Discussion
Mr. Colm Noonan:
In respect of the Senator's first question about the earlier involvement of the Courts Service, in the common law system we live in, the investigative responsibility rests with An Garda Síochána. As Assistant Commissioner Kelly said, the primary focus in the Barnahus model, and also where it does not exist for our specialist interviewers, is the welfare and care of the child because we may often not get to a prosecution. Oftentimes, the child or the family concerned is simply not be able to proceed but we will still engage with that child and the family. That is our first focus.
We are, then, also the sole authority that has the responsibility to get the investigation to the Director of Public Prosecutions. This is where the Courts Service involvement kicks in and where our engagement in respect of special measures, protections and how the child is protected through the process kicks in. As Mr. Brophy said, however, we work with the Judiciary and the Courts Service on how we can get investigations to a prosecution stage and before the courts more quickly and to find where there are delays in the process. There is not a role for the Courts Service at the Barnahus stage. Taking into account the protection of the child and the role of An Garda Síochána to investigate criminal acts, we are the right agencies to be involved at that stage.
In respect of the last point raised concerning the review of the good practice guidelines, these go back to 2003 and there is a clearly identified need to update and review them. This request to review them has been formally made to the Department of Justice by An Garda Síochána. While we are a key partner in that review, it is not our document or our review. We work to it and this is one of the primary guidance documents relating to our structures, guidelines and interviews. The Department has the key role in getting these reviewed.