Brian Lenihan Jnr (Dublin West, Fianna Fail)

I thank Deputies Howlin and Kehoe for raising these issues and welcome the opportunity to respond. I was deeply saddened to hear of the loss of a young family in tragic circumstances in County Wexford last weekend. I extend my profound sympathies to the extended families and friends of the deceased, who are now left to come to terms with this very tragic turn of events.

I have sought a report on this case from the Health Service Executive. The Government has today agreed that, as soon as the relevant facts of this matter are outlined, an independent inquiry will be established to examine all the circumstances. The terms of reference of the inquiry will be determined in light of the facts of the case and we will disclose on an interim basis such reports as we receive. My officials are in constant contact with the HSE in this regard and a meeting between officials from my office and the HSE took place earlier this evening. The Garda Commissioner has also appointed a senior officer from outside the area to investigate the circumstances surrounding the tragedy. I am sure the Deputies will understand that it would be inappropriate for me to comment any further on this matter until the relevant facts have been established.

The HSE's primary aim is to provide child welfare and protection services within the family context, with the option of taking children into care considered as a last resort. Each individual circumstance is examined with the aim of providing the support and care deemed necessary at any given time. The provision of appropriate interventions in respect of families where concerns of risk have been expressed is a complex issue. The Garda and the HSE must balance their responses to such concerns, taking into account all the information available to them at that time, with the rights and privacy of families.

The House will recall that in previous cases which were the subject of debate in this Chamber, it has been implied that the HSE has been too zealous in taking children into care. This reminds us of the difficult and complex decisions required. The Child Care Act 1991, which Deputy Howlin implemented as Minister for Health, sets out the statutory framework for the provision of family support and child protection services. As well as supervision, interim and full care orders, which are the responsibility of the HSE, the Act provides for urgent intervention on emergency care orders by the Garda under section 12 and the Health Service Executive under section 13.

Deputy Howlin referred to the adequacy of HSE social service provision at weekends. The eastern region of the HSE operates an out-of-hours service every day of the year as part of its crisis intervention services. In the absence of a formal national out-of-hours service, other HSE areas have responded flexibly to provide this service. In 2006, a national working group was established by the HSE to review existing out-of-hours service provision and develop a national model for an out-of-hours social work service for child welfare and protection. This model is intended to meet the needs of the public and service providers who have contact with children and young people. The development and operation of an out-of-hours service is underpinned by the responsibility placed on the HSE by the 1991 Act to promote the welfare of children who are not receiving adequate care and protection. In particular, the service will aim to respond to emergencies covered under section 12 of the Act which occur outside normal working hours. I understand from the HSE that the national group has met on a number of occasions and will be putting forward proposals regarding the establishment of an out-of-hours service in the near future.

I assure the Deputy that the tragic circumstances surrounding the deaths of this family will be examined thoroughly from the perspectives of the HSE and the Garda.

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