Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I thank the Deputies for raising a very important issue. There has, of course, been understandable public interest in two cases which have come to light in recent days involving children with Roma families. As I have stated already, we are all pleased and relieved that the concerns that arose on the part of the authorities in these two cases have proved to be unfounded and that the children have been reunited with their families, where they belong. I am, as we all are, particularly conscious of the regrettable distress that arose for the two families and their children. I want to state again, quite clearly, that no fault of any nature attaches to the two families concerned.

It is important that we all remember the context in which these cases have arisen, where concerns have been expressed by members of the public in regard to the protection of individual children. Child protection is a most complex and sensitive issue and I am sure Deputies will appreciate that it would not be appropriate for me to comment on the detail of individual child protection cases and that I cannot depart from that practice simply because of the particular circumstances of the cases under discussion. That being said, I think it important that I make a number of points.

An Garda Síochána and the HSE have to deal with very difficult situations and have to make very difficult decisions when dealing with issues of child protection. They can be open to criticism for either doing something or criticism for doing nothing. We are all aware of cases in the past where the authorities have been criticised for not intervening to protect children at risk. In each of these cases, the authorities responded in good faith to concerns expressed to them.

The law provides clear powers for An Garda Síochána and the HSE where it is believed that a child may be in danger. The courts are also involved in making the appropriate decisions. Urgent procedures are available, and indeed necessary, to ensure that the safety of a child can be assured while appropriate inquiries are being made. Such actions by the authorities are inevitably distressing for parents. However, the Garda and the HSE are faced with the reality that not invoking the procedures could involve taking a risk with the safety of a child. This is the difficult and complex reality these front-line staff face when they have to make such decisions based on the information they have at that time.

In each of these cases, the gardaí responded in good faith to concerns reported to them. I am conscious that the events under discussion took place against a backdrop of events which took place outside this State. In seeking to ensure that the welfare of children is fully and properly safeguarded and that every child in this State is afforded, where necessary, the protection of the State, it is of vital importance that no group or minority community is singled out for unwarranted attention or, indeed, suspicion in regard to child protection issues. Neither is it in any way acceptable that families or individuals are in any way treated differently because of their ethnic backgrounds or religious faiths. Neither can or should be a factor in determining when child care intervention is required.

It is regrettable that, in the context of calling for an independent inquiry, a number of the contributors to this debate have already reached conclusions. The conclusions they have reached are that there was racism involved and that the Garda is involved in racial profiling. One cannot call for an independent inquiry and, at the same time, reach conclusions and give the reasons for why events have occurred. Let me be absolutely clear in this - I would regard racial profiling as utterly unacceptable. Indeed, I have spent a substantial period of time as Minister for Justice and Equality in dealing with the issue of racism across Europe. We made it a particular issue during the Irish Presidency.

It is of substantial importance that gardaí only intervene pursuant to section 12 of the Child Care Act 1991 where there are reasonable grounds for believing that there are immediate risks to the safely and welfare of a child. It is important to ascertain what lessons can be learned from these cases. That is why I have requested the Commissioner of An Garda Síochána to provide me with a full report on the background circumstances that led to each of these children being taken into care and the procedures that were followed. My colleague, the Minister for Children and Youth Affairs, has similarly asked for a full report from the HSE.

This is not about, as Deputy Wallace wishes to allege, the Garda or the HSE investigating itself. This is what is known as good practice. One asks the two bodies to provide, within a short period of time, a detailed report on what has occurred, and then one refers it to an independent individual to take what steps are required. The House will be aware that the Ombudsman for Children has the function of promoting the rights and welfare of children. The legislation specifies that this function includes monitoring and reviewing generally the operation of legislation concerning matters that relate to the rights and welfare of children. In addition, the Ombudsman may be requested to give advice to Ministers on any matter. Against this background, we propose to provide the Ombudsman with the reports prepared by the Health Service Executive and An Garda Síochána and ask her to examine what occurred. She will independently - I emphasise independently - carry out this function and be free to raise any question of relevance with regard to the events that occurred and also to engage with the parents of the children who were temporarily taken into care. I have already had preliminary discussions with the Ombudsman for Children and I understand she has been contacted by the Minister, Deputy Fitzgerald's Department. I have been assured by the Garda authorities that they will, of course, co-operate fully with any inquiry she wishes to make and will respond fully to any inquiry that she may make. I have no doubt that this will be the case in relation to the HSE as well.

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