John Perry (Sligo-North Leitrim, Fine Gael) | Oireachtas source

I am speaking on behalf of the Minister for Justice and Equality, who regrets that he is unable to be present due to other business. On behalf of the Minister, I thank the Senator for raising this important matter.

The reports in recent days and weeks concerning allegations against the person in question are of great concern. They echo in many ways those which have come to light in other situations where persons have abused their positions of authority and trust to harm children. We have learned from those instances and transformed our child protection arrangements. However, this is not to say that we can simply draw a line under the past. Where there continue to be further lessons to be learned, we should endeavour to do so, so as to give further assurance that our children can safely and happily engage in educational, sport and recreational activities in the wider community.

The Minister's first concern is, of course, with victims of abuse. He encourages anyone in any situation who has been abused to come forward to report their concerns and to avail of the counselling which is available from the Health Service Executive, HSE, or one of the voluntary groups working in this field. He would like to express his sincere sympathy with all those who have come forward concerning the allegations in this particular case. He hopes they will be able to benefit from the assistance which is available. The HSE national counselling service can be accessed free of charge in all regions and is staffed by highly qualified counsellors.

The Minister has received a preliminary report from the Garda authorities concerning the criminal investigations which took place. As has been widely reported, in 1997 a criminal investigation was instigated into allegations of instances of sexual abuse committed against various children and young persons. The person in question was arrested in connection with the offences in February 1999. A file on the allegations made was submitted to the Office of the Director of Public Prosecutions, DPP, who directed that the accused be prosecuted for numerous counts of sexual offences. A prosecution was initiated in March 2000 when the accused was arrested and charged before Mullingar District Court with 56 counts of buggery and indecent assault. The case was subsequently listed for trial in Mullingar Circuit Criminal Court for February 2002.

The Minister is advised, however, that judicial review proceedings were taken before the High Court by the accused for reasons related to delay in the bringing of complaints. He understands that arising from these proceedings, the prosecution fell. The Senator will appreciate that the bringing of prosecutions and their management is a matter for the direction of the DPP, who makes independent decisions having regard to the circumstances of the case in question. The Minister has no role in this process and, quite properly, is not in a position to explain decisions of the DPP.

More recently, arrangements had been made by the Garda with a further injured party to take a statement but this had not taken place prior to the person in question's death. Gardaí are continuing to liaise with this injured party. Concerns expressed by another person were also under consideration at the time of the death.

The course which these investigations could have been expected to take is, of course, no longer available. However the Garda Commissioner has informed the Minister that he has directed that a review be carried out of the procedures surrounding the handling of the complaints against this person, and subsequent investigations, to see if any lessons can be learned in that context. The HSE is also to review any contact made with it. The Department of Education and Skills is reviewing its records to establish if child protection concerns were raised with the Department concerning the person in question and if so what steps were taken on foot of this contact.

We know only too well how, in the past, such arrangements as were in place to protect children often, in fact, failed miserably. The Minister would like to emphasise the fundamental changes which have taken place in recent years to the way we approach the issue of child protection. We now have revised the Children First guidelines which are to be put on a statutory footing by the Minister for Children and Youth Affairs. These set out excellent standards and procedures involving vetting of staff, reporting of allegations to the authorities and training to support this process. These guidelines are complemented by the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, both introduced by the Minister, Deputy Shatter. Moreover, the arrangements for interagency working at all levels have been strengthened, supported by the ongoing reform of children and family services in the HSE and the work to establish a child and family support agency. An Garda Síochána also has in place a new and comprehensive policy on the investigation of sexual crime, crimes against children and child welfare.

It would be unrealistic to think that abuse will never occur but these new arrangements mean that we can have far greater confidence in the systems in place to prevent it, to make sure that it is effectively investigated where it is discovered and, ultimately, that offenders are held to account and the rights of victims vindicated.

On behalf of the Minister, I thank again the Senator for raising this important issue and will certainly share the points he has made with the relevant Ministers. The Minister for Justice and Equality, Deputy Shatter, again expresses his sympathy with all those who have been affected. We all regret greatly the dreadful experiences they endured. It is the Minister's view that it is incumbent on any organisation which may have been used by a person to facilitate their evil deeds to examine carefully how this may have occurred to ensure its procedures will not allow it to recur. For the present, the Minister believes that the reviews which are under way should be allowed to proceed and their results considered carefully, so that we may see what lessons can be learned to further strengthen child protection arrangements.