Alan Shatter (Dublin South, Fine Gael)

This question specifically arose as a result of the final report of the review inquiry into what has become known as the McElwee case. In June 2004, it was alleged that an Irish citizen, employed by the Midland Health Board and engaged in work for the child and youth care learning centre in Athlone Institute of Technology, sexually assaulted an individual while on a visit to Amsterdam to research issues relating to drugs and young people. Ultimately, this resulted in a conviction in the courts in July 2005.

In July 2004, an inquiry came from the Dutch authorities to the Department of Justice, Equality and Law Reform as to whether a prosecution could be taken in this State and, in October 2004, the DPP stated it could not. One of the charges related to an alleged sexual assault on a 16 year old for which a conviction was ultimately sustained through the Dutch courts. The Minister may not be aware of the full detail of this case and, if not, he can communicate with me.

Will the reform the Minister intends to bring forward cover this type of incident? Will he ensure that in all circumstances where an Irish citizen abroad commits a sexual offence against a young person the offence is prosecutable at home? Obviously, it must be in circumstances where the alleged victim is available to give evidence in this State. Will the Minister ensure this particular issue is dealt with?

Arising out of the McElwee case, it emerged that despite the fact that the Department of Justice, Equality and Law Reform was notified of the original alleged offence and subsequently was directly involved in facilitating the Dutch authorities in serving the summons on the person convicted, the Department failed to inquire as to the outcome of the proceedings. It was only in June and July 2007 that it became publicly known, forcing this man to resign from his position and to cease working as a consultant to the Midland Health Board.

The House was told that a meeting was to be convened as a matter of urgency involving senior officials from the Department of Health and Children, the HSE, the Garda Síochána, the Department of Education and Science and the Department of Justice, Equality and Law Reform to ensure that, in future, the Children First guidelines are abided by. Has this meeting happened? Despite the Department of Justice, Equality and Law Reform having information on this matter from 2004 onwards, it failed to communicate it to any other body of relevance and by 2005 it had been made aware that the person involved was working in the child care area.

See this speech in context