Seán Haughey (Dublin North Central, Fianna Fail)

The Department of Education and Science is sponsoring this motion. Many of the questions raised are more properly a matter for the Minister of State with responsibility for children and youth affairs. However, I will make some comments about the awful case heard recently in Roscommon Circuit Court.

On 24 January 2009, Minister of State with responsibility for children and youth affairs, Deputy Barry Andrews, took receipt of the Health Service Executive preliminary review into the very disturbing case which recently came before Roscommon Circuit Court and which has been widely reported. On foot of this preliminary review, the Minister of State has indicated his full support for the HSE's decision to launch an immediate detailed independent investigation into the case. He is confident that the terms of reference are sufficiently broad enough to ensure all the relevant facts are established and appropriate findings are made. The appointment of Ms Norah Gibbons of Barnardos, as chairperson of the team, brings a wealth of experience to the investigation and significantly adds to the independence of the inquiry. As the Minister of State, Deputy Barry Andrews, has correctly pointed out, all members of society should be vigilant for the signs of child abuse and neglect. The Department of Education and Science awaits the outcome of the HSE investigation and will take on board any recommendations made by the inquiry team which would enhance the child protection procedures currently in operation in our schools.

A number of questions were raised by Senators and I thank Members for their support for this motion. The commission will have no further role other than investigation of the historical abuse. There are other functions to be performed which may statutorily continue after the specified period has elapsed. These include settlement of all third party legal representation costs, management of discovery documentation held by the commission, the carrying out of any work related to post-publication of reports, and management of the general shut-down of the commission.

The Dublin archdiocese inquiry will deal with clerical child abuse in Dublin and Cloyne. The commission was extended to deal with allegations in respect of Cloyne. With regard to child protection procedures generally, the primary statutory responsibility for child protection lies with the Health Service Executive. The role of the Department of Education and Science is to provide guidance and support to schools in implementing child protection policy and to refer any allegations received to the appropriate authorities for investigation. The Department has issued child protection guidelines to all primary and post-primary schools.

I refer to a point raised by Senator Mullen. The Department has recently been in receipt of correspondence from representatives of the TUI, the ASTI and the INTO, expressing concerns regarding the Department's current practice of reporting all complaints to the HSE, especially allegations of bullying and emotional abuse. The primary statutory responsibility for child protection lies with the HSE. It is not the function of the Department of Education and Science to investigate allegations of abuse. The role of the Department is to provide guidance and support to schools in implementing child protection policy and to refer any allegations to the appropriate authorities. However, once the Children First guidelines are updated and the reports of the Commission to Inquire into Child Abuse and the Dublin archdiocese commission have been published, the Department will review its current protocols and will make any necessary amendments or additions where appropriate.

This subject could be further debated in the House in the presence of the Minister of State with responsibility and youth affairs. I thank Senators for their support. It is a reasonable request and I am grateful to Members for their co-operation in this matter.