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

I have not been in contact with the Data Protection Commissioner. It is a matter for him if he wants to investigate an issue. However, I agree with the Deputy that it is a matter of concern that these matters concerning two children appeared in newspapers in the context of an issue that, under the child care legislation, should be dealt with confidentially. That is one of the matters that I will be asking the Ombudsman for Children to look into.

The purpose of asking the Ombudsman for Children to engage with this matter is that, essentially, this relates to child care and also to the question asked by the Deputy - that is, the immediate risk to the children which warranted the invocation of section 12 of the Child Care Act 1991. The Garda Ombudsman Commission would normally investigate allegations of Garda misconduct. This concerns actions taken in respect of two particular children, the appropriateness of the actions, the obligation on An Garda Síochána to protect the welfare of children and the powers the Garda exercises under section 12 of the Child Care Act. I do not want in any way to prejudge the consideration of the Ombudsman for Children but I anticipate that whatever report she makes will be published and will be available for people to consider and comment on, and if there are any recommendations arising from her report they will be taken with great seriousness.

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