Anne Rabbitte (Galway East, Fianna Fail)
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I do not know if the Minister of State saw "Prime Time" on Tuesday night-----

John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I was in my office on Tuesday night but I am aware of the programme.

Anne Rabbitte (Galway East, Fianna Fail)
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I am sure he is aware of the programme. For anyone with any kind of heart or soul, the footage was harrowing to watch. The Taoiseach put it well when he said that there are many levels of crime, but that a crime inflicted on children is possibly the worst form of crime possible.

I want to compliment "RTÉ Investigates" on the work done to highlight this story. The story broke in April 2016 when the perpetrator of the abuse was still saying he was innocent. The women in question decided to come forward and release their names. They have done that in an extremely brave fashion. I have to acknowledge the graphic detail in which they explained exactly what happened to them while in foster care. Keith Burke was sentenced to a seven and a half year prison sentence with a year suspended. However, this story is about Rachel, Amy and Sarah. Rachel is her real name, but Amy and Sarah are pseudonyms. Amy went into foster care when she was a baby. Rachel arrived on the scene when she was approximately seven years of age and made the disclosure aged 11. The two girls developed a friendship. Rachel told the story of how she was repeatedly abused to her mum and once that happened, there was an investigation and a file was sent to the DPP. It is hard to believe that the accused was not prosecuted once that file was sent to the DPP, even though it was found that the assessment of rape was credible. Amy continued to stay in that house. It was also discovered that Sarah had been in the house previously and another boy continued to live there.

We hear stories about the most vulnerable children and those who need assistance or whose families need assistance but we did not provide them with support. We allowed them to continue to live in that house. It was not until 2011 that Amy found the courage to speak out. In the area of mental health, it is said always said that it only takes one person to speak out. Amy found the courage to speak to her teacher. She was 14 years of age and she had been subjected to abuse from 2003. At that stage, she was only three years of age. When she went to her teacher she was 14 years of age.

Where were the checks and balances and the governance? In 2007, when the file went to the DPP, the decision was made to leave those children in that house. Amy did not have the courage to speak up at that stage. She was only a child and did not have the wherewithal to communicate what was happening to her. Her mind could not make sense of it.

As a grown adult myself and having watched that programme, it is really hard to articulate the horrific test of endurance these children were subjected to. Why was an apology only issued by the HSE on Tuesday night? That is the most horrific aspect of all this. Why were those other two children left in that house? What is Tusla now doing about it?

John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I want to offer the apologies of the Minister for Children and Youth Affairs, Deputy Zappone, who is with President Higgins on official business in the United States this week and could not be in the House. I did not get to see the programme Deputy Rabbitte mentioned in real time, but I watched part of it later and read the horrific story in graphic detail in various newspapers. I share the sentiments of the Taoiseach that crimes against children are particularly heinous, and sexual crimes against vulnerable children deserve a special level of disgust. I believe those sentiments are shared by the House and by everyone who knows the facts of this story. As the Deputy may appreciate, I am not in a position to respond as directly and fully as the Minister to some of her questions, but I will relate the issues raised both to the Minister's officials and to the Minister herself upon her return.

The Government and its agencies are determined that the handling of this case and other serious cases will help inform future policy, safeguards and protections for children. When an allegation of abuse is made, action is taken to protect any child or children who may be at risk. In terms of this particular case, abuse was first revealed in 2007. The HSE found the allegations to be credible and took actions to protect the children at that time. An assessment was carried out and no new placements were made with the family after the disclosure. Following the allegations the son of the foster family left the home and a safety plan was agreed with the family.

There were two children in long-term foster placements, one of who was there from a very early age, as Deputy Rabbitte outlined. They did not disclose any abuse at that time. In 2011, one of the children disclosed abuse that occurred before 2007, and a decision was made to remove the children then. There was no disclosure of abuse happening after 2007, which was after a safety plan was agreed with the parents and the abuser was no longer living with the family. A Garda investigation took place in 2007, but there was no prosecution on the direction of the DPP on that occasion. Later, in 2011, there was an investigation which lead to the prosecution of the abuser. This resulted in a conviction in 2017 and the sentencing of the abuser this month.

In April 2016 the case was referred to the expert national review panel, NRP, and that review is nearing completion. The review is expected to look at the professional decision making in 2007. The NRP panel is appointed independently. It reviews deaths and serious incidents affecting children in care or who are known to child protection services. The NRP was set up in response to the recommendations of the Ryan commission. Tusla plays no role in carrying out the NRP reviews. We await the outcome of the review and the opportunity to consider all of the findings and recommendations.

It is important to acknowledge that foster carers undergo a rigorous assessment process. Approval takes several months of intense work. All general foster carers are fully vetted, assessed and approved before a child is placed with them. Most foster care placements will have a link social worker and the child will have his or her own social worker who he or she can confide in. Across Ireland thousands of people open their homes and lives to children in need and provide love and care. We must not lose sight of that in the midst of this terrible case. HIQA inspections have shown that there are areas of foster care services that must be improved. Tusla has responded positively with actions and ongoing national reforms addressing the key issues.

The Minister, Deputy Zappone, received correspondence yesterday from the solicitor of one of the women who as a child was sexually abused in that foster home. The correspondence related to an inquiry, and will be actively considered by the Minister, Deputy Zappone, when she returns from the United States as a way to get to the facts of this case and to learn lessons to ensure that it will not happen again, and also to discover whether there was any negligence involved.

Anne Rabbitte (Galway East, Fianna Fail)
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It is right to say we have some very good foster care families in this country. We need every one of them and we need more because they do Trojan work. It is unfortunate we are bringing a spotlight onto a particular case but it is incumbent on us to highlight it so we can do the right thing for children.

The Minister of State acknowledged that foster carers undergo a rigorous assessment process. That is absolutely the case but where it falls down is in regard to the follow-up, the governance and the procedures covering checks and balances. I am reading HIQA reports monthly, and I have read reports from areas such as Cavan, Monaghan, Cork and Dublin, where I can see major non-compliance. Some of the instances of non-compliance are very simple, for example, Garda vetting, which is a simple requirement that we need in order to protect children.

I and my colleagues in Fianna Fáil believe that the possibility of an independent commission of investigation should be examined. There have been far too many cases where poor and tragic decisions have been taken with regard to children in the care of the State, such as the Grace case last year and the Mary case. I do not want a litany of such cases. I want us to find how best to protect our most vulnerable.

We know from the testimonies of foster parents, as well as from Tusla figures, that even where protocols are in place, they are simply not being enforced or implemented by Tusla. At the end of 2017 over 10% of children were awaiting an allocation of a link worker - a social worker intended to support foster carers - and some 5% of children in care did not have an allocated social care worker. In January 2018 there were 4,256 child protection cases awaiting the allocation of a social worker, and 1,787 of these cases were high or medium priority.

I have laid out the position. What I and my party want is an independent commission so we can learn from all of these cases.

John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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As I said, the correspondence was dated 24 April and the Minister is actively considering it. We are awaiting the national review panel report, which should be completed very soon, according to the information presented to me by the officials before I came in. The Deputy asked a direct question earlier about why the apology was only made on Tuesday and I am not in a position to answer that.

We have had too many of these cases. I deal with foster families, as do all Members of the House in their constituencies, and I know the care they offer is invaluable and much-needed, and more is needed, as the Deputy pointed out. However, those families are done a huge disservice when the system does not work, in particular when governance do not work. The time, love, attention and care they give to children is not matched by some parts of the system when we see examples such as this case.

When the Minister, Deputy Zappone, returns, I will speak to her directly on the issues the Deputy has raised and, in particular, on the correspondence she has received in regard to an inquiry.