Alan Shatter (Dublin South, Fine Gael)

I thank all of those who have contributed to this debate. Like some of my colleagues I regret that we had to have this debate. There have been too many tragedies, too many children in families that were clearly dysfunctional who should have been provided with services that ensured their protection, where there should have been early intervention but this did not occur.

I regret the Minister of State, Deputy Andrews', speech last night. It was particularly crass that he referred to the children being failed "by society". These children were identified at an early stage as being parented within a dysfunctional family. The family was known to the Western Health Board in 1989 when it had only one baby. We are told it was on the at-risk register in 1996. Between 1996 and 2004 social work personnel apparently visited these children extensively. That is what we have been told. When the report is published the case may turn out to have been different.

It is incomprehensible that these children were not taken into care. The Minister for Health and Children, Deputy Harney, had responsibility particularly for this area, as the senior Minister, until the Office of the Minister for Children and Youth Affairs was established three years ago. She had a junior Minister also dealing with children but this fell within her remit. I am shocked that in her speech tonight it was evident that she did not even understand the legislation for which she was responsible.

The Child Care Act 1991, section 8, conferred on the health board all the power it needed to seek to have these children taken into care. If it doubted whether a care application could succeed it could have used a later section and had a supervision order made. Had the supervision order been obtained it would have become evident that a care order was needed. There is no indication that any such procedure was undertaken at any stage.

My concern about the terms of reference derives from something the Minister of State said last night which compounded that concern. He referred to the fact that because care orders are made in camera he could not reveal anything about them. I suspect he does not know whether any care orders are made. I am concerned that because of the type of inquiry he has established we will receive a report with all sorts of information blacked out to preserve in camera rules from children's proceedings or court applications that may have been made, with names of people blacked out in the interests of natural justice because they are not parties to this case, and with no conclusions on important facts because there is no power to subpoena and people do not have a right to ensure that their names are properly protected as allowed for under the 2004 Act.

There are major defects in the procedure but the Minister of State should have admitted last night not simply that our society but also our child protection services failed these children. He should also have the decency to admit, as should the Minister, that the Government failed these children. I do not say this to score petty political points. I said last night and have said elsewhere outside the House that I am heartily sick of the fact that there have been so many reports about children, who did not have the help to which they were entitled, the recommendations of which are ignored and that we are back in these circumstances with these six tragic children whose position has been so well publicised. I am amazed that the Minister for State knew nothing about this until last week.

The Kelly Fitzgerald report published in 1996 made one simple recommendation, that the Department of Health adopt a proactive approach in monitoring health boards' child care developments in order to ensure consistency on a national scale, both in provision and in respect of procedures and practice. That does not happen. Crucial recommendations relevant to the Western Health Board, and to Government, made in this report, have not been implemented. It was in part the responsibility of the Western Health Board to implement them and later that of the Health Service Executive.

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