Dáil debates

Tuesday, 10 July 2012

2:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

In the aftermath of the report of the Independent Child Death Review Group, the Minister indicated that she was of a mind to have this changed. I welcome her indication that the Minister for Justice and Equality, Deputy Shatter, is to facilitate bringing forward a change in this regard. Is the Minister in any position to advise us when that might come about? Are we likely to see that proposed change any time soon? Will it be in the autumn schedule of legislative change? Is the Minister able to elaborate in any way as to what change will be proposed? She is aware that the Ombudsman for Children, Emily Logan, has highlighted the difficulties in accessing information. She was significantly curtailed in an investigation into one of those cases highlighted in the said report of September 2008 to which we both referred. The in camera rule is being used continuously as a means, a barrier, to full exposure of the details in any particular case. She indicated that the excuse proffered by the HSE at the time was the restrictions on the in camera rule. This excuse has been and is being used. At least up to last month, she was facing four legal challenges to investigations, not all before the courts but all challenges relating to specific investigations which the Office of the Ombudsman for Children, was undertaking.

We must recognise that the operation of the in camera rule is very problematic and we must ensure that the whole area of child care and provision is not invisible to us because of other elements of the Statute Book. I would welcome any elaboration the Minister can offer about the Minister, Deputy Shatter's proposal. I emphasise that in line with her own commentary earlier this year that this should be done as quickly as possible.

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