Katherine Zappone (Dublin South West, Independent) | Oireachtas source

Thank you. I appreciate and accept your condolences. It helps me during this period.

As stated in my previous reply to Deputy Anne Rabbitte, I have developed an implementation plan to address the recommendations made by Dr. Geoffrey Shannon relating to Tusla. They have been agreed with him and are being implemented without delay. Several recommendations relate to the practice and procedures for seeking and using emergency care orders under section 13 of the Child Care Act 1991 to which the Deputy Donnchadh Ó Laoghaire has referred.

Deputy Donnchadh Ó Laoghaire will be aware of one point, but I believe it is important to highlight it. It was not within Dr. Shannon's terms of reference to review Tusla's actions in his recent report. However, I am strongly of the opinion that, based on the work carried out by him, the next logical step is to conduct a detailed study of how section 13 is implemented by Tusla. I have asked it to commission suitably qualified and experienced researchers to examine this issue in detail.

The research will examine the children's experience of being received, out of normal working hours, into Tusla custody. It will examine Tusla's decision-making process in deciding whether to apply for an emergency care order under section 13. I have asked that the research examine the reasons when a decision is made to return a child to the home from which he or she was removed by the Garda. This was the subject of much commentary. I think it is important that we understand why these decisions are made. The research will also identify where children have been the subject of repeated section 12 interventions and examine the reasons behind them.

I believe the research will provide clarity on the realities for children when sections 12 and 13 are invoked to protect them. The examination of the operation of section 13 will provide an understanding of the reasons staff initiated the actions. It is important that the research and the findings be regarded as a positive and constructive exercise to show us what is working and what is not. First and foremost, the purpose is to help us to provide the best possible response for children when they are taken into the custody of Tusla in emergencies.

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