Ivana Bacik (Dublin Bay South, Labour) | Oireachtas source

In any discussion of child protection, we must think first of survivors and victims of childhood abuse. Their needs and rights must be front and centre. Child protection procedures are in place to protect children. That may sound self-evident but it can sometimes be lost in translation. In my previous life as a practising lawyer, I had the experience of representing survivors of abuse in court and before the Residential Institutions Redress Board.

Through that work, I witnessed the traumatic impact of childhood abuse upon people and the impact that flawed procedures can have on survivors who bring complaints or allegations and who bring their experiences of abuse before institutions. That work has shaped my understanding of abuse and its impact. Many survivors have described to me their experience of being re-traumatised by processes that were flawed, for example, by the redress board in the 1990s. That is why robust processes and measures for child protection are so vital. It why we now have best practice in place and a better understanding of child protection. I would never draw an equivalence between the redress board of the 1990s and what has triggered this debate. However, common to this, is the need for robust and survivor-centred processes. We have learned in Irish society how to strengthen our child protection procedures. We have put new legislation in place in recent years. The approach taken to the recent scoping inquiry on sexual abuse in religious-run schools has adopted a clearly survivor-centric focus, which is welcome. We cannot avoid difficult conversations about abuse, wherever it occurs, whether in religious-run institutions or other organisations such as sports bodies or political parties.

It is not helpful, when we are discussing this and when serious allegations are made and serious experiences of child abuse are at issue, to hear political leaders deflect or seek to deflect blame or deter others from speaking about this. Political parties are member-based organisations and I speak as a party leader. As with any member-based organisation, there is a limit to the control the leadership has over conduct of members or employees, but what is in the control of the leadership and the party leader is ensuring that robust procedures are in place to guard against abuse or inappropriate conduct and to protect children.

No one should ever be in any doubt as to what is or is not acceptable behaviour at a party event or what is or is not acceptable behaviour from individuals who are representing a party. The need for such rules is evident and is of particular importance when we speak about child protection. We in the Labour Party have updated child protection policies in place. As required under the Children First Act 2015, relevant staff and volunteer co-ordinators receive child protection training on appointment, as these individuals are in contact with children under the age of 18. A designated, full-time staff member is responsible for child protection and has had comprehensive training. Where a complainant makes allegations of criminal behaviour, we are very clear. That complaint is referred by our general secretary to An Garda Síochána within 14 days. No organisation should investigate matters by itself which are more appropriately dealt with by the police or Tusla. This is our party's policy, embedded in our standing orders and, as it happens, it is also the law.

Today's statements are taking place in a very particular political context, with fallout of revelations about internal disciplinary processes within the largest Opposition party, Sinn Féin. Some of the defences of party processes and some of the responses I have heard, including those of Deputy McDonald, have been, frankly, incredible. Of course due process must be guaranteed. What I cannot imagine as a party leader is a general secretary keeping complaints of gross misconduct about a TD or a Senator from the leader of party. If that situation came to be, I would have to conclude that the relationship was untenable.

If Sinn Féin's internal procedures are as robust as its party leader has claimed, following the resignation of Deputy Stanley, I wonder why she was prompted to order a review of them when the revelations about Michael McMonagle's conviction and how that was dealt with emerged. If the buck stops with Deputy McDonald, as she says it does, I cannot understand why she did not show any curiosity when it was drawn to her attention that a senior colleague was the subject of a serious complaint. Many questions remain outstanding about the case of Deputy Stanley. In particular, when did Sinn Féin learn that a criminal matter might be involved and why did the party wait until Sunday, when Deputy Stanley had resigned, before the matter was referred to An Garda Síochána? We have not heard answers on those questions.

I want to focus on the child protection matters that this debate is about. In recent days, we have learned that in Sinn Féin a former senior official was convicted for sexual offences against children and, now today, that a former Senator was suspended for sending inappropriate messages to a child. Our thoughts first must be with the victims in both cases. Three things are common to both cases: a lack of regard for victims; a culture of secrecy and cover-up within Sinn Féin; and a lack of robust processes to deal with abuse, where it occurs.

This culture within Sinn Féin is not new. I have spoken at length with my friend and former Labour Party Senator, Máiría Cahill, in recent days. She is in the Public Gallery for this debate. Máiría was subjected to an internal process which re-traumatised her. The party closed ranks against her and denied her justice. She was subjected to an internal investigation which forced her to confront her abuser. I witnessed her good name being dragged through the mud by Sinn Féin representatives, with whom I had worked, following the disclosure of her abuse. Máiría's allegations relate to abuse some years ago but the cover-up by Sinn Féin occurred in the last ten years. In the context of this debate on child protection, I think all of us are concerned that these recent revelations suggest that things have not substantially changed within Sinn Féin despite the changes in Irish society and our renewed and strengthened understanding about child protection.

Today, it emerged that the former Sinn Féín member who sent inappropriate texts to a child is former Senator Niall Ó Donnghaile. The child and other person affected must be foremost in our thoughts in responding to that development because we now know there were two individuals to whom texts were sent. Protecting their privacy must be paramount but there are valid questions as to how this was dealt with by the party. Notwithstanding Deputy McDonald's description of events earlier, a number of issues remain. Was there a secret suspension of former Senator Ó Donnghaile? We understand that the leader of the Sinn Féin group in the Seanad continued to hold office between September and December 2023, notwithstanding the suspension that had taken place. When Mr. Ó Donnghaile eventually stepped down in December 2023, it was implied or suggested that the only reason for doing so was ill health. Is this the way Sinn Féin deals with complaints against its public representatives? The statement from Deputy McDonald marking his resignation, issued in December 2023, went beyond wishing him well. It paid tribute to his eight years "giving voice to Northern nationalists". It spoke of his diligent service and valuable contribution. Of course, we know that no criminal investigation ensued but we understand that Mr. Ó Donnghaile remained active in the GAA. We must assume hat Deputy McDonald issued her commendations of him after he had been suspended by the party leadership. From this, a number of questions arise. Who suspended him? Who was the press officer who released the Sinn Féin statements on Niall Ó Donnghaile in December 2023? Did the party leader know in September that he had been suspended or was that done without her knowledge? Did she know in December, when she issued commendations of him, in that press release? If she did not know in September or December, then who is in charge of the party? Is it elected representatives at all?

Transparency has become the word of the day among those defending internal party processes. However, those Sinn Féin TDs who have been sent out to the media in recent days appear to be unclear on the most basic details of the processes in place in the party. We need transparency. We need to know how many inquiries of this nature are ongoing within Sinn Féin. Is there a parallel justice system being run by a political party in the Oireachtas? Is the existence of such a process, in any party, at odds with what is now accepted as minimum child protection standards?

I want to raise some forward-facing and constructive proposals. Where individuals, particularly children, are at risk, relevant authorities of course must be involved. As regards everything else, ultimately, it is the public who can make up their minds about Sinn Féin and its credibility. Our task as legislators is to decide and take action on further measures that are needed to safeguard children and vulnerable persons.

In the past two weeks in the Dáil and before the revelations emerged about Sinn Féin, I put to the Taoiseach that we in the Labour Party have drafted a Bill to make unincorporated associations accountable for paying redress where abuse has been committed by members or by those under the control of those organisations, employees or senior members, for example. This Bill was drafted in the context of the scoping inquiry into sexual abuse against children in religious-run schools. The Bill would apply not only to religious orders but also to other unincorporated associations, including political parties. It would fill a legislative gap, a vulnerability in our system, which places victims at risk of organisations that choose to evade accountability or redress.

This House should today debate how best we can ensure accountability and appropriate responses within our parties, where instances of abuse occur or where children or vulnerable persons are at risk. The Taoiseach referred to our legislation while he was in Washington last week. He said that our Bill would be referred to the Office of the Attorney General for review. I raised the matter with him again today on the Order of Business and he confirmed that the Bill had been referred to the Attorney General. That is welcome. I would like to see the Bill become law. As legislators, we need to be vigilant to ensure that best-practice processes for child protection are in place in every organisation. This applies to religious-run schools, sports bodies and organisations and of course political parties. Victims and survivors of abuse deserve nothing less.

See this speech in context