Seán Haughey (Dublin North Central, Fianna Fail)

I am replying on behalf of the Minister for Justice, Equality and Law Reform, who is unable to be present due to other business.

The joint Garda-HSE protocol referred to by the Senator sets out the roles and responsibilities of both agencies in relation to children missing from care. The joint aim of both organisations is to reduce the number of such cases, prevent them from suffering harm and return them to safety as soon as possible. We are all very conscious of the devastation and stress caused to families and their relatives when a child goes missing. Thankfully, the vast majority of these children are located safe and well.

The protocol underlines the prominence given to this issue by both organisations, and the HSE and the Garda have worked closely in its development. It provides clearly defined arrangements for addressing issues relating to children in care who go missing and sets out the most important actions to be taken by both organisations when a missing child in care report is made to An Garda Síochána. In addition to children who come into HSE care in the more traditional ways, the protocol also covers separated children seeking asylum.

An important feature of the protocol is the establishment at local level of a Garda liaison role with the HSE care placements. This local liaison role includes a mechanism to identify children in care who are reported missing frequently and raises the responsibility for such cases to an appropriate level of authority in both organisations.

At a national level both the HSE and An Garda Síochána agreed to review the protocol after six months of operation and at appropriate intervals thereafter. It was felt that six months was the minimum period of operation before a meaningful review could be carried out. The HSE has commenced a process to change its model of care for separated minors such that they can avail of foster care and residential arrangements across a broader spectrum than previously available. The HSE has also appointed a senior manager with responsibility for managing these changes and developments on a full time basis. This senior manager is actively engaging with all stakeholders.

The Garda Commissioner is committed to ensuring An Garda Síochána meets the challenges posed in locating missing children and has assigned additional personnel resources to the missing persons bureau at Garda headquarters.

An area to which the Minister attaches priority is that of child trafficking. A dedicated anti-human trafficking unit was established in his Department in 2008 to ensure the State's response to human trafficking is co-ordinated, comprehensive and holistic. The Criminal Law (Human Trafficking) Act 2008 provides for severe penalties for trafficking of children and adults for the purposes of exploitation, which demonstrates the Government's determination to ensure that perpetrators of child trafficking are dealt with appropriately.

In adopting a proactive approach to human trafficking, the Garda Síochána has given priority to the issue of child trafficking. For example, Operation Snow, an initiative undertaken by the Garda national immigration bureau, is designed to prevent the trafficking and smuggling of minors into, out of and within the State; to ensure the welfare of suspected victims of such criminal activity is adequately provided for; and to achieve prosecutions where criminal activity of the nature concerned has been detected. From the commencement of the operation in 2007 to the end of 2008, almost 200 incidents had been the subject of investigation, with assistance provided for a total of 164 children. The majority of these investigations revealed family reunification and other immigration motives as the explanation for suspicious activity by non-Irish nationals.

The Minister is informed that, excluding separated children seeking asylum, 53 children have gone missing from HSE care from January 2009 to date. Of these, 51 are accounted for. Two remain missing, although contact has been made with them, and all appropriate efforts are being made to ensure their safety. Regarding separated children seeking asylum, the HSE has indicated that 27 children went missing between January and May 2009, of whom two are accounted for. Figures for 2007 and 2008 in respect of Irish children gone missing remain incomplete due to variations across the HSE in the definition of what constitutes a missing child.

I can assure the Senator that the Minister, the Garda Commissioner and the HSE are fully aware of the importance of this issue and are committed to taking all necessary actions to ensure that these missing children are located and come to no harm.