Dáil debates

Thursday, 22 March 2012

Priority Questions (Resumed)

Child Protection Audit

4:00 pm

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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Question 4: To ask the Minister for Children and Youth Affairs when she will publish the Health Service Executives National Child Audit Review; and if she will make a statement on the matter. [16115/12]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The HSE, which has statutory responsibility for child welfare and protection, is in the process of finalising a national audit of child protection policies, procedures and practices in each Catholic diocese. There are essentially two elements to the audit: first, a retrospective aspect which examines how each diocese responded to allegations of child sexual abuse in the past and, second, a forward-looking aspect which examines how each diocese is prepared in terms of the policies and procedures currently in place both to handle allegations of child sexual abuse and to prevent the possibility of any child being sexually abused in the future.

I am advised by the HSE that the report of this audit is at an advanced stage and that it expects to submit the report to me in June. I am concerned that the audit has taken considerably longer to complete than originally envisaged although I am assured by the HSE's national director, Mr. Gordon Jeyes, that the matter is a high priority.

The original audit, which was requested by the then Government in 2005 on foot of the Ferns report, covered a period up to mid 2010. However, the HSE considered that in finalising the audit at the end of last year with a view to publication, it was important to have the most up to date position for each diocese. Consequently, dioceses were given an opportunity to submit updated information. A very good response has been received with significant new material presented in January and February this year. I understand that this will require rewriting of the report, including potentially a redrafting of certain findings in order to incorporate properly this new, detailed information in the interests of producing a most comprehensive, up to date and relevant report. I wanted to facilitate that short extra period so the additional information received from the dioceses can be included.

Additional information not given on the floor of the House.

The HSE's legal advice is that it will be important to provide an opportunity for relevant dioceses to make a final comment on the factual accuracy of material and findings where significant redrafting is likely. The revised timetable indicated by the national director reflects the work involved in incorporating the most up to date material and giving individual dioceses an opportunity to comment on the factual accuracy of relevant sections. The need for follow-up action will be informed by the findings of the national audit and it is my intention to publish the report.

The national director is also at my request engaging directly with the National Board for Safeguarding Children in the Catholic Church on a programme of action designed to ensure the Catholic Church is responding properly and comprehensively to all child protection concerns and that it has in place the necessary safeguarding structures and practices to protect fully children who come into contact with the church.

The Government is committed to strengthening the arrangements for the reporting of concerns of abuse by putting the Children First National Guidance on a statutory basis. The necessary legislation is being worked on by my Department as a priority. This legislation will not only bring forward statutory requirements on organisations and individuals to report, but it will also support all of civil society in understanding what to do when they have concerns about a child. The roll-out of Children First will require all sectors and organisations working with children, including the faith sector, to put in place and demonstrate that they have robust safeguarding arrangements. I very much welcome the work undertaken to date by the national board to strengthen child protection practices in the Catholic Church in line with this objective.

Reports such as those published over the last number of years by various State-commissioned inquiries in respect of the dioceses of Ferns, Cloyne, Dublin and the report of the Ryan commission, serve to remind us all that the abuse of a child is a crime which is to be abhorred and that those involved must be subject to the full rigour of the law.

We must also recognise that child abuse takes many forms and occurs in many settings. Anyone with child abuse concerns or information should not hesitate to come forward and assist the HSE and An Garda Síochána in their respective roles in carrying out their work to protect children. In this context, I want to acknowledge those victims of clerical abuse who have shown great courage in coming forward to the authorities. I recognise that this has been a very painful experience for many individuals who have had to battle to have their experiences heard and believed and to have their suffering recognised.

5:00 pm

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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I thank the Minister for her reply. I am disappointed that the publication of this report is continually being pushed back. A previous response from the Minister concerned the pushing back of a date for the children's referendum.

I am disappointed that the Minister is unable to commit to a clear timeline for the introduction of adoption legislation. How can she be so definite about a referendum date, over which she does not have control, when she cannot give a specific commitment with regard to when the adoption legislation will be produced?

Last summer the Minister told us that the HSE national child protection audit report would be ready by September. During the winter she told us it would be ready by the spring. Now she is telling us it will be ready by the summer. What communication did she have with the HSE when giving these assurances? Was the HSE able to say why the date of publication of the report was continually being pushed back? When the report of the National Board for Safeguarding Children in the Catholic Church on the Diocese of Raphoe was published, the Minister refused to consider any type of independent investigation, pending publication of the audit report, the date for which which we are now seeing being pushed back. Much emphasis has been placed on the voice of the child. However, we are not acknowledging the voices of the many children who were failed by the State and the church. The Minister is waiting for the report before providing a forum to acknowledge their voices and experiences. This delay is not acceptable. What conversation did the Minister have with the HSE before she gave these commitments? Why was the possibility of delay not highlighted to her at that stage?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The delay is a reflection of the amount of work being done by the National Board for Safeguarding Children in the Catholic Church and the HSE. The volume of material from the dioceses is as I have outlined. There has been a very good response, which I welcome, and a lot of new material has been presented. It was presented in January and February in response to further work the HSE was doing. It was on that basis that the board asked for extra time.

When the Deputy talks about timeframes, I must remind him this should have been published in October 2010. It was not.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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Given the number of promises made by the Minister, she is not in a position to criticise others.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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One of the reasons I am willing to respond to what the HSE asked me to do and, by implication, the church because it has presented the new material is that I want to receive as up-to-date a report as I can possibly get. It is reasonable to say there is new material that needs to be incorporated. I have received an assurance from Mr. Gordon Jeyes regarding the June date.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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It will be the third or fourth postponement.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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It is clear that more information is being supplied to the HSE for the audit, which is important, and it needs to be assessed and published. It is being examined and incorporated into the report. There are also legal implications. When one rewrites a report, natural justice demands that one go back to the people who gave the information. That is also part of what has to happen and it is built into the June timeframe.

I understand the Deputy's impatience to see the audit report, but we must remember the voices of the victims in Cloyne and the torture experienced by young children. It is critical that we have the report and can indicate the current situation relating to child protection practices in the church.