Bernard Durkan (Kildare North, Fine Gael)

I thank my colleague, Deputy Shatter, and others for making this debate possible. Like the Acting Chairman, I spent a considerable period of time as a member of a health board. Like every other Member of this House, including Deputy Reilly and others, I gleaned some degree of experience over that time. A number of speakers referred to issues which resonate readily with regard to the reporting system. When a concern is expressed by either a public representative or a practitioner, a sequence of events is supposed to take place. Up the line reporting is supposed to happen. Reference has been made to people who have responsibility without authority. Everybody has responsibility and authority; they have responsibility for acknowledging what exists and reporting to the next highest authority. That is the pecking order and the way the system is supposed to work. However, this is not the way things are working even yet.

Last week, I received what I can only describe as petulant correspondence from a staff member of the HSE, inquiring in a condescending fashion as to what I was inquiring about. I had brought to the attention of the authorities the concern of a parent in respect of the welfare of a child. It would have been far better for the individual concerned to go about his or her business and address the issue and make an accurate report of findings. My experiences over the years have not changed in that regard. I have had occasion to bring to the attention of at least three Departments, by way of parliamentary questions and telephone calls and by every means available to me as an elected public representative, the concern expressed by a parent or parents in respect of the welfare of a child who was enticed away from home by an older person. I went through all the processes and procedures and followed all the rules and regulations. I encouraged those with and without authority to take responsibility. I attended case meetings. However, the result was that nothing happened. The statutory authorities did not respond and, eventually, the concerned parent was forced to go to court, at the individual's own expense, to obtain rights for the child. This is an appalling situation. This did not happen 20 or 30 years ago, but within the past two years and it continues to happen.

I do not wish to castigate people who have responsibilities because Members of this House are castigated enough from time to time and I am sure we are very highly regarded by all the people who do the castigating. However, the time has come for everybody to stand up and speak for themselves and from their respective corners. From my experience, I have found serious breaches in the action required to be taken by the responsible authorities at several levels in all of the Departments with responsibility in this area.

In a case referred to in the past week, I was asked for clarification from the Department of Education and Science and this is to be welcomed. I expect to hear from another Department that it is not possible to give me the information in the time available. When issues of child welfare and child abuse which cause public concern arise, it is usually discussed after the event. Sometimes these matters are brought to the attention of the authorities before the event, with ample time for everybody concerned to take action. Sadly and tragically, it is only when one deals directly with a case that one fully recognises and appreciates the degree to which urgent action is required and this means instantaneous action on a 24-hour basis. This also means follow-up action and careful observation of the developments in each individual case. If this does not take place, then further serious problems will ensue. It is then that people decide to divest themselves of responsibility. It is only when things go wrong that those who had authority and responsibility ask for more legislation but it is too late at that stage.

There have been several serious cases of child neglect and child abuse where existing legislation was quite ample to deal with the situation and no action was taken. I do not wish to list the individual cases but I am fully aware of all the circumstances in each case. In assessing the situation we must be very careful and assume that very vulnerable people - children - are involved. We, as legislators, and others outside the House in responsible positions have a particular responsibility to act with authority.

It is easy to make the excuse that one has no authority but it should be a case of going to the person who has authority. This action is open to everybody. One must have regard to the fact that one cannot wrongfully accuse a person but if there is a genuine concern, one must go to the person in authority and bring the concern to his or her attention so that action can be taken. We should not have to wait for six months, six weeks or six years for action to ensue.

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