Denis Naughten (Roscommon-South Leitrim, Fine Gael)

The case involving the abuse of six children in County Roscommon is an extremely difficult one which every Member of this House hopes will never happen in their constituency. As one of the local TDs, I am deeply concerned by this case and appalled by the abuse that continued for so long without the appropriate action by the authorities. I take this opportunity to praise the bravery of the family members who were prepared to come forward and to expose this abuse, and express gratitude to those who secured the conviction.

This is, first and foremost, a tragedy and our thoughts and prayers must be with the children who lost the opportunity to grow up in a loving home. At the least, we must ensure that all of the State's resources be made available to help the children to come to terms and cope with their terrible experiences.

From media reports, there would seem to have been a failure to comply with the various child protection guidelines in place during the period of the abuse. As articulated by my colleague, Deputy Shatter, it is imperative that this matter be independently investigated to ensure that something similar does not recur. There is no doubt that the children have been failed appallingly. The case first came to the attention of the former western health board in 1989 and the children were placed on the neglect register in 1996, the year in which the report on the Kelly Fitzgerald case made the headlines. The western health board promised to implement the report's recommendations, but it seems that Kelly Fitzgerald's death and the subsequent investigation was all in vain.

We should not be looking for scapegoats. Rather, we need the truth. For this reason and in light of the disclosure of the prolonged period of abuse of those six children by their mother and the gross inadequacies of our child protection services, it is imperative that an independent commission of investigation be appointed under the 2004 legislation. It is my understanding that no such investigation dealing with the cost concerns raised by Members on the Government side has occurred. The commission should be appointed to inquire fully into the case's background and the actions taken by all of the professionals who came into contact with the family. The current investigation is only independently chaired, a fact acknowledged by the Minister of State with responsibility for children in his contribution last night. Half of the investigative team is employed by the HSE, the organisation to be investigated.

Furthermore, the local community has been tarnished by the claims that, while the abuse was clearly evident, nothing was done. Is this the case? The terms of reference are too narrow. Not only must the investigation review the actions of the HSE, the health board and the social workers, but also those of the education and health professionals. There were people who tried to take action and have their concerns pursued, but the system let them down and failed the children.

Last night, the Minister of State, Deputy Barry Andrews, stated: "It is the responsibility of each and every individual in Ireland to play their part in protecting our children from harm." He went on to state: "Child welfare and protection is a major concern for everyone in society, not only those individuals who work in these services." I acknowledge this point, which has been made by many contributors, but these issues are not being considered in the context of the investigation. People who expressed their concerns have a right to have their claims vindicated and efforts acknowledged. They deserve an explanation as to why their concerns were never followed through by those who should have done so.

After the birth of the sixth child, a voluntary agreement to take the children into care was reached in September 2000. We know an injunction was subsequently granted restraining the health board from acting, but the fundamental question remains, namely, why did the health board not pursue its original intention to take the children into care in 2000. Did it seek to have the injunction lifted or varied? Media reports state that the HSE has refused to reveal whether it challenged the High Court order preventing it from taking the children into care. Were there a need to take the children into care in September 2000, the health board should have challenged the order immediately.

The Children's Rights Alliance, an organisation representing 80 child advocacy NGOs and agencies, has written to the HSE and the Minister stating that the investigation established by the HSE is not independent, its terms of reference are too narrow, it cannot compel witnesses to give evidence and it has no independent legal support. It is imperative that the investigation be given resources. Not only should it be independent, but it should be seen to be so. It should investigate all aspects of the case and highlight where the system fell down, who must be called to account and acknowledge those who advocated on the children's behalf. There is no such role within the current investigation.

See this speech in context