Dáil debates

Thursday, 19 October 2023

Saincheisteanna Tráthúla - Topical Issue Debate

Probation and Welfare Service

6:20 pm

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I acknowledge that the Minister, Deputy McEntee, is unable to take this issue but I thank the Minister of State for being here to facilitate the matter being raised. Over several months I have raised, by way of parliamentary question, the issue of historical sexual abuse in the Probation Service. In May, in a written reply from the Minister, she confirmed that two allegations of child sexual abuse had been made in regard to the Probation Service. In the Minister's words, they related to a deceased member of the Probation Service. This matter has also been the topic of media coverage. "RTÉ Investigates" carried out the programme "Scouting Dishonour", in which it referred to the then chief scout Joe Lawlor, and allegations in regard to him and his service in the Probation Service. I know Joe Duffy on RTÉ Radio has also discussed this case.

I appreciate it is an incredibly sensitive issue, but, unfortunately, a victim who has come forward to me has said that he feels there is a cul-de-sac now in terms of justice. He feels that, like many other institutions where sexual abuse took place, there is always a stigma in victims coming forward and articulating the allegation. In this case, however, there is almost a double stigma because many of these people were the subject of the Probation Service, and in order to reveal that they had been the subject of sexual abuse, they also had to reveal that they were the subject of the Probation Service.

I have asked the Minister on several occasions if she will consider carrying out a review of the file within the Department of Justice or an investigation or some form of inquiry which would relieve these victims. I believe there are others out there who have not yet come forward because of the nature of the circumstances I have outlined. We should actively facilitate them. It is accepted now that abuse took place at the hands of this gentleman in other organisations. We want to find out what the Department of Justice and the Probation Service know about that activity over that time.

There has been a lot of discussion in regard to Scouting Ireland and changes within that organisation. Ian Elliott's report refers to particular individuals. If, however, there are cases of sexual abuse in the Probation Service, in my view, the Minister should take those allegations incredibly seriously and we as a State should relieve the victims of the burden of having to go to the media and having to go out there and raise these issues. We should carry out an inquiry based on the allegations we have received and review the documentation to see what was known. My understanding - again, these matters have been reported in the media - is that complaints were made to the Probation Service as far back as 2000, and other reports have said that they were made as far back as the 1970s.

As I said, and within the limits of what I can say in this House, I ask that the Minister carry out an inquiry and review whatever documentation is on file to see if victims can be brought together and, instead of forcing people down the process of legal action, which delivers justice for very few, put in place a process whereby people who are impacted in this way can receive justice and can be dealt with sensitively.

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I apologise for the absence of the Minister, Deputy McEntee. I understand she is at a Justice Council meeting in Luxembourg at the moment. I sincerely apologise that she is not here to answer this.

Deputy McAuliffe will be aware from previous responses to parliamentary questions submitted to the Minister that records indicate that two allegations of child sexual abuse have been made in respect of the Probation Service. Both relate to alleged incidents in the 1970s by a former staff member who is now deceased.

As the Minister has also previously advised the Deputy, the Minister is informed that when the first allegation came to the attention of the Probation Service, An Garda Síochána and relevant services were notified and a criminal investigation was initiated.

As the Deputy will be aware, in general terms, criminal investigations can be carried out only by An Garda Síochána, which then, as appropriate, submits a report to the Director of Public Prosecutions, DPP. The DPP, which operates independently, then decides whether or not somebody should be prosecuted and for what crime on the basis of the Garda findings viewed against the background of common law or statute law. The Minister for Justice, as a matter of law, cannot intervene in this independent process.

The Probation Service later became aware of a second allegation against the same former staff member, who by that time was deceased. This matter is the subject of a legal claim which is being managed by the State Claims Agency on behalf of the Department of Justice. As I am sure the Deputy will appreciate, I am not in a position to comment further as the matter is ongoing.

I and the Minister, Deputy McEntee, encourage anybody who has been a victim of any kind of sexual assault to reach out for help and support and to report the matter to An Garda Síochána. There are in every Garda division specialist Garda members trained to ensure that any victim presenting to gardaí are met with a consistently high standard of specialist, sensitive, professional and expert help. There is also a range of victim support services available, and many are listed on the Victims Charter website at www.victimscharter.ie. Rape crisis centres throughout the country also offer advice and support services to victims of rape and sexual assault and operate a national 24-hour helpline which can be contacted at 1800 77 88 88. The HSE also has a national counselling service, the details of which are on the HSE website.

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister of State's putting those points on the record. I join him in encouraging anybody who was the victim of sexual abuse, in a historical context or otherwise, in the Probation Service to come forward. A probation officer has a sense of huge trust. The reports which came to me involved not the person themselves being the subject of probation but actually a family member. The threat was used that if this sexual abuse were disclosed, that family member - I say "family member"; it was another child - would be subjected to the Probation Service and the power it has. Probation officers occupy an incredibly important position in society and do incredible work. Like all those trusted important positions, however, people who are willing to commit abuse against children use those positions.

We have learned so much in the past that victims should not have to fight every inch. I will say at this very early stage, and it would appear that there are very small numbers, that we should try to look for a mechanism that would avoid a legal route being the only route to justice. I am sure more seasoned Deputies - I see, I think, the longest-serving Member of the House here, Deputy Bernard Durkan - although I think there is a dispute between him and Deputy Richard Bruton in that regard - have seen more times than anybody else how victims are forced to use the legal process as the only way they can secure justice.

Surely we can step back from this and put in place a process. The option of having a criminal investigation is not open when the person is deceased. It is right that people ask what the State knew, when it knew it and if it should have acted. Everything may have been above board but it is right that people ask those questions. I ask again that the files be reviewed and a mechanism put in place to help victims who have been through an immense torture.

6:30 pm

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I reiterate what the Deputy and I have both said about reporting any crimes. It is important to always say that. Such reports will be treated seriously and sensitively. I will pass on the points the Deputy made to the Minister.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy for raising a profoundly serious matter.