Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The Deputy refers to the two cases of Roma children who, following Garda action, were removed under section 12 of the Child Care Act 1991 and provided with foster care immediately while investigations took place. This has clearly been an extremely distressing situation for the families concerned.

In the first instance I have asked Mr. Gordon Jeyes, the national director of HSE children and family services, to ensure all possible supports are made available to the families from statutory or voluntary groups should they wish to avail of them.

The use of section 12 is a power of the An Garda Síochána which is used in very particular circumstances. The Deputy will be familiar with the Child Care Act and the clear directions which are given therein. By its nature, it is an exceptionally used power to secure the safety of children. Under section 12 a member of An Garda Síochána takes such action when they have “reasonable grounds for believing that there is an immediate and serious risk to the health or welfare of a child”.

Child protection is a complex and sensitive issue. An Garda Síochána and the HSE are often required by law to deal with very complex situations and to make immediate decisions when dealing with concerns which come to their attention. It is important to review such incidences to ensure that practices and procedures are in line with best practice.

My colleague, the Minister for Justice and Equality, Deputy Shatter, and I felt that there should be examination of the involvement of An Garda Síochána and the HSE in these two cases. In this regard, I have asked Mr. Gordon Jeyes to provide me with a report and the Minister, Deputy Shatter, has also requested a report from An Garda Síochána. The Ombudsman for Children, Ms Emily Logan, has initiated an investigation in relation to these cases and has also agreed to undertake an investigation of An Garda Síochána's actions under section 42 of the Criminal Justice Act 2007 and under the Ombudsman for Children Act 2002.

I can confirm that I have received the reports for each of the cases from HSE children and family services but I have not yet received the Garda Commissioner's report. The report I have received was referred immediately to the Ombudsman for Children, Ms Emily Logan, for consideration. The Ombudsman for Children is an independent statutory authority and will independently assess the actions of the HSE.

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