Mick Wallace (Wexford, Independent) | Oireachtas source

This debacle was caused by a disproportionate and unreasonable reaction on the part of the Garda and the HSE, which clearly demonstrated a lack of professionalism and an overly simplistic response to a media frenzy, to which their officials should be immune as law enforcement and health professionals. The emergency power granted to the Garda under section 12 of the Child Care Act 1991 should only be used in exceptional circumstances where a garda reasonably believes that an immediate and serious risk is posed to the health or welfare of a child. It does not appear that such an emergency applied in these cases.

I am getting sick of gardaí relying on tabloid journalism for their intelligence and the manner in which information is supplied leaves much to be desired. In this instance, the Garda made decisions about child welfare based on tabloid journalism, ethnic categorisation and an unrelated case in Greece instead of rationally considering the independent evidence and the principles of reasonableness and proportionality. As law enforcement professionals they should be immune to media frenzy. The family in the Tallaght case had been living in that area for seven years and they had extensive contact with the Garda but it was only when the story about the Greece case appeared in the newspapers that an emergency operation was put in place to remove the child. As Dr. Carol Coulter pointed out last night, if the Garda was really motivated by the child's welfare rather than racial prejudice, why were the child's four siblings left behind?

The Minister's response to Garda misconduct has again been weak, similar to the penalty points controversy. Is he scared of gardaí? Do they have something on him? He has again ordered an internal review and his friend, the Garda Commissioner, has appointed another commissioner to investigate internally the force's malpractice and misconduct rather than a human rights expert with experience in racial issues. This is contrary to the type of independent review called for by Pavee Point and the Irish Traveller Movement. An independent public inquiry is required instead of the HSE and the Garda reviewing themselves. An internal review by gardaí of the conduct of gardaí is not going to be impartial and will not meet constitutional standards of fairness. We need to accept the fact that the Garda is not outside the law and no law enforcement force anywhere in the world should be allowed to self-regulate. It is disappointing that the Minister does not intend to publish these reports. It is another example of the lack of transparency and accountability in the Garda. I do not understand why the Minister is so unwilling to hold the force to account.

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