Dáil debates

Wednesday, 20 July 2011

Commission of Investigation Report in the Catholic Diocese of Cloyne: Motion (Resumed)

 

5:00 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)

It is important that we together declare our determination in one voice, clear and unequivocal, to stand with the nation in seeking to safeguard our children. We have done that today by the adoption of an all-party motion in this House. I welcome that and I express my appreciation for the all-party support in the range of contributions here today. For our part and on behalf of the Government, the Minister for Justice and Equality, Deputy Shatter, and I are acting with an urgency and absolute determination to bring forward a programme of firm actions to strengthen our nation's child protection framework.

I commend the bravery of all those individuals who came forward and told the commission of their experiences. Without their crucial input we would not have a report of such detail and quality. I appreciate that events of this nature can cause painful memories to resurface. For any person affected by the report's content I wish to repeat that help is available and join the Minister, Deputy Shatter, in expressing our sincere apologies for any failings of the State.

For all of us last week is one that we would love to forget, but must always remember. This is not the first investigation into the handling of allegations of child abuse by church authorities, but is one of many. However, unlike previous reports, the Cloyne report showed us that child abuse and endangerment is not something that happened back in the 1950s, 1960s, 1970s or 1980s. The report showed us that child abuse and endangerment can happen and is still happening today.

Chapter 27 of the report goes into some detail about the experiences of the victims of clerical abuse. It is the last chapter and has a simple and almost bureaucratic title: "The Complainants". It contains the evidence of what happens to little children when child protection guidelines are declared by the Vatican to be nothing more than "study documents". While the study continued, so did the abuse. Chapter 27 quotes the adults those little children become. The Complainants is a chapter largely made up of their words, which I wish to put on the record of the House. One comment was: "my mother reared five children, how did she get one so different. I am like a shadow." Another comment was: "Separate instances. They all mulch into one, one long brain turning, nauseating role of events." Yet another comment was: "what was so awful about all of this all of my life is I felt that I was the one who did something dreadful, that I was the one so isolated in shame until I knew better, you know, and that is exactly what he wanted."

Over the past few days we have heard additional commentary from individuals affected by clerical child abuse in the Cloyne diocese and their families. It is heartbreaking to hear of normal lives being thrown so far off course that some of those affected have never experienced the stability we all yearn for in our lives. Modest goals such as relationships, family and employment eluded people who just could not cope. Some individuals have taken many years to rebuild their lives. Some, tragically, never recovered.

The publication last week of the Cloyne report has generated significant public anger and concern as was reflected in the contributions here today. However, reports since then of cases in Galway and Donegal have further heightened that anger and concern - and rightly so. We owe it to our children to ensure that whether in the family home, at school, in church or in engaging in any other activities, formally or informally, they are protected.

The Government must be assured that all legal and practical measures are being taken to guarantee this. On behalf of the Government and in conjunction with my colleague the Minister, Deputy Shatter, we are engaged in a series of measures designed to achieve this. As the Minister outlined to the House, he has published the Criminal Justice (Withholding Information on Crimes against Children and Intellectually Disabled Persons) Bill 2011. Last week I published the Children First National Guidance 2011. It provides a robust code for the protection and welfare of children offering clear direction to individuals, organisations and agencies on what they need to do to keep children safe. I urge people and organisations to familiarise themselves with it.

In recognition of the importance of Children First, the HSE will publish an associated child protection and welfare practice handbook, which will be very helpful for front-line professionals. These two publications will provide clearer direction and support to front-line staff and organisations working with children. They will also set out the respective roles of the statutory agencies responsible for child protection.

Last week I received Government agreement to introduce legislation to require, for the first time, statutory compliance with Children First. This will include a statutory requirement on individuals to report to the relevant authorities where, in good faith, they have reasonable concerns over the abuse or neglect of a child. However, the scope of Children First extends beyond the narrow focus of reporting on its own. We do not want to create simply a reporting culture and nothing else because protecting children involves more than making a once-off report. Instead, through requiring statutory compliance with Children First, I propose a much broader-based and comprehensive approach to child protection laying down the broader responsibilities of organisations that are in contact with or providing services to children. This will include a requirement regarding the sharing of information, which is so important if we are to protect children. The need for such requirement was proven again this week on foot of reports of the Donegal case.

Last week, we learned of the shocking inadequate and inappropriate response by the diocese of Cloyne, to complaints and allegations of child sexual abuse in the period from between 1996 and 2008. The diocese did not comply with the church guidelines, nor did it comply with Children First. It is therefore vital that guidance translates into implementation on the ground. We must have compliance without exception or exemptions. Never again should someone be allowed to place the protection of the institution or organisation above the protection of children. As I stated last week, the days of voluntary compliance are over when it comes to child protection. The new legislation I will introduce will provide for a strong system of inspection and oversight. On the need to provide demonstrable evidence that the guidance is being implemented correctly across all sectors, we will also have what is called an assurance framework, an assurance setting out the responsibilities of each Department and sector working with children and it will be implemented. I will chair an interdepartmental committee in this regard.

We need capacity in our child protection services, but it is equally important that we focus on appropriate management, consistency of response and the creation of a world class model of child protection, as stated by Mr. Gordon Jeyes, the new director of the HSE's child and family services section.

Yesterday, I laid before the Houses the second progress report on the implementation of the recommendations contained in the Ryan report implementation plan. Putting Children First on a statutory footing was a key recommendation of the Ryan report. As to those Deputies who raised doubts in this regard, this is the policy of the Government and every political party in the House. Although it was promised by the previous Government in 1999, it is being done only now. The proposed recruitment of 270 additional social workers will go ahead. These posts are exempt from the public service recruitment embargo and 260 of them will have been filled by the end of this year.

The Department of Justice and Equality, with some support from my Department, is close to completing its work on the vetting legislation.

The report's principal findings cast cold light over the practices of church authorities in the diocese of Cloyne. It is particularly disappointing that the diocese did not as a matter of course report and notify allegations and concerns to the statutory authorities. This would have been in keeping with State guidelines and the reporting procedures adopted by the church.

For those who reported painful and horrific episodes in their lives in the expectation that some positive action would be taken by the diocese, I cannot imagine the sense of disappointment and anger at what can be only seen as the inaction of the church authorities in Cloyne. The initial surprise response yesterday from a Vatican spokesman, whether in a personal capacity or not, has not helped.

The church in particular must fully engage with the outcome of and responses to the Cloyne report. Last week, I called for a decisive shift to a culture of transparency and public accountability. In particular, I called for the publication by the National Board for Safeguarding Children of the audit of each diocese it undertakes and for acceleration in its conduct of all such audits. I note and welcome that Archbishop Diarmuid Martin has joined in my call to publish the diocesan reviews by the board.

I will soon be in receipt of the long awaited report of the HSE audit of child protection in Roman Catholic dioceses, which should indicate whether all allegations known to church authorities are being properly reported to the State authorities, namely, the Garda and the HSE. In the meantime, I have asked the HSE's national director for children and family services, Mr. Jeyes, to engage directly with the National Board for Safeguarding Children on a programme of action designed to ensure that the Catholic church is responding properly and comprehensively to all child protection concerns. Mr. Jeyes has already made contact with the board in this regard and will report to me on the progress achieved.

I commend all those who already work so hard to ensure every child with whom they interact is cared for, supported and protected. These are the practitioners in the professional and voluntary sectors, medical professionals, gardaí, youth workers, teachers and coaches all over Ireland who already passionately employ best practice in child protection. They understand their duties and do not need legislation to keep children safe. As the reports recount, though, there are those who do not make child protection their prime objective, whether by omission or commission, out of ignorance or malice. We are introducing new laws to use the State's powers of prosecution to protect our children.

Although we will introduce laws, it takes a community to protect a child, as evidenced by recent cases. The measures proposed by the Government will, with Opposition input and support, cumulatively leave a lasting legacy when it comes to child protection by putting in place laws, practices and mechanisms to ensure the evils highlighted in cases such as Cloyne and other cases are never again allowed to take root in any setting.

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