Dáil debates

Thursday, 17 November 2022

Ceisteanna Eile - Other Questions

Departmental Bodies

11:50 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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90. To ask the Minister for Children, Equality, Disability, Integration and Youth if he is satisfied that adequate support exists for all children insofar as is possible who might be subjected to a threat from any quarter; and if he will make a statement on the matter. [56685/22]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I raise a subject similar to that referenced in a previous question. I recently had occasion to see what I considered an incorrect application of the in camerarule to Tusla, which prevented it from investigating and fully supporting children who might be at risk.

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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As the Deputy is aware, responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency. The Children First Act 2015 provides for a number of key child protection measures, including raising awareness of child abuse and neglect, providing for mandated reporting of child protection concerns and improving child protection arrangements in organisations providing services to children. Under the Act, mandated persons are required to report child protection concerns at or above a defined threshold to Tusla. Mandated persons are people who have contact with children or families or both and who, because of their qualifications, training or employment role or both, are in a key position to help protect children from harm. Organisations classed as providers of relevant services under the Act are required to undertake a risk assessment and develop a child safeguarding statement setting out the procedures in place to manage any risk identified.

The Children First Act operates side by side with the non-statutory obligations provided for in Children First: National Guidance for the Protection and Welfare of Children. The guidance sets out how reports about reasonable concerns of child abuse or neglect should be made by the general public and professionals to Tusla and what organisations need to do to keep children safe. If a child appears to be at risk of harm or neglect, the concerns should be reported to Tusla. Anyone can report a concern about a child to Tusla, and information on how to do so is available on the Tusla website. If a child is at immediate risk or in danger, An Garda Síochána should be alerted without delay.

Tusla acts urgently on notification of an immediate risk to a child. Children who are in a situation of immediate risk may initially be dealt with by An Garda Síochána or by Tusla but, in the main, both agencies work together in such cases. Tusla has an out-of-hours emergency number for An Garda Síochána, which provides advice based on the circumstances and can also identify whether a child of concern is listed on the child protection notification system, CPNS, a Tusla-owned secure database that lists children who are considered to be at ongoing risk of significant harm.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I thank the Minister for the extended nature of his reply and his understanding of the issue. In the past couple of days, I received notice from Tusla to the effect that I would not be allowed to attend a case conference because there was an objection. That was a surprise because my only interest in it was to ensure that the rights of the child and parents were preserved. Over the years, like the Leas-Cheann Comhairle, I have attended the Royal Courts of Justice and most other courts, including the family law courts, to give evidence on behalf of what I believed were deserving cases. I was always welcomed and I did not lose in my intervention either. The position now remains for Tusla to exert itself in such a way as to ensure that, without doubt, we are absolutely assured of its intention to preserve and assert, in all circumstances, the rights of the child in these particular circumstances.

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I am sure the Deputy will understand that I am reluctant to comment in the House on the specific details of a case I am not at all familiar with. I am happy to engage with him should he wish to give me an update. Unlike him, with his degree of experience, I have not attended a Tusla conference as an elected representative so I am not quite sure what the processes and procedures are there. I am happy to discuss this further with the Deputy, if he believes it is necessary.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I should mention that I also attended the Old Bailey and, again, was always welcomed. To be told by an organisation of the State, with specific powers on behalf of the State to protect specific people, in this instance, children, I was amazed at such a response. I ask the Minister to take a look at the degree to which Tusla is being overshadowed by other Departments in this regard in order that it might pursue its responsibilities.

12:00 pm

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I will engage with the Deputy and look into that matter further. His interventions will always be welcome.

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Written Answers are published on the Oireachtas website.