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

Under section 42 of the Criminal Justice Act 2007, the Ombudsman for Children will have all the powers she requires to fully and properly look into this matter. I know it is also of concern to the Deputy that we protect the welfare of children. We could swap a whole range of questions on which we would agree that answers were needed. Was it in the interests of the welfare of these children that this action be taken? What was the immediate risk to their safety that resulted in a judgment that the action be taken? What was the connection in the context of each of the cases between An Garda Síochána and relevant HSE personnel? Were relevant HSE personnel available to An Garda Síochána? In this context, the Deputy needs to understand - I know he is aware of the fact - that this provision, section 12 of the Child Care Act 1991, has been utilised on many occasions to provide immediate protection for children whose safety is at risk. It is very important that members of the public make these reports if they genuinely believe a child's safety is at risk. It often falls on the shoulders of members of the Garda force in a very short time to have to make judgments on whether children will be taken into temporary care. These matters end up being dealt with by the District Court at Children Court level, which is appropriate. However, I will not prejudge any aspect of this matter. It may well be more a matter of judgments supplied and procedures than there being a frailty in section 12 of the Child Care Act 1991. I will not prejudge whether any amendment is required to that Act. I will await the Garda's report which I will furnish to the Ombudsman for Children. The Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, will furnish the HSE's report. We will then consider the outcome of that report.

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