James Reilly (Dublin North, 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 wish to thank the Senator for again raising this important matter.

As the Minister has previously made clear, the allegations regarding the person in question are very disturbing. He would again encourage anyone in any situation who has been abused to come forward to report his or her concerns, and to avail of the counselling which is available from the HSE or from one of the voluntary groups working in this field. As Minister for Health, I would equally encourage people in these situations to express their concerns and speak to the professionals available to help them. I know that is difficult.

The preliminary report which the Minister received from the Garda authorities set out how in 1997 a criminal investigation was instigated into allegations of sexual abuse, which led to the person in question being charged with numerous counts of sexual offences. As the Minister outlined at the time of the Senator's earlier inquiry, he is advised that judicial review proceedings were taken by the accused for reasons related to delay in the bringing of complaints, and 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 director.

More recently, arrangements had been made by gardaí with a further injured party to take a statement but this had not taken place prior to the person in question's death. Concerns expressed in connection with the suggestion that the person in question was seeking to visit schools to promote a book were also under consideration at the time of the death.

The examination which the Garda Commissioner has directed be carried out concerning the procedures surrounding the handling of the complaints against this person is at an advanced stage and a report will be submitted to the Commissioner in the near future. As far as the terms of reference of this examination are concerned, these would be a matter for the Commissioner but he has already indicated that the focus will be on whether any lessons can be learned from the handling of the above complaints and subsequent investigations. As this is an internal Garda examination it would not be the normal practice for such reports to be published. However, the Minister will examine in due course how any key findings might be put into the public
domain and will engage with his ministerial colleagues on the outcome of the examination.

The Senator will appreciate that the other inquiries being carried out into this matter are not taking place under the auspices of the Minister for Justice and Equality, so he is not in a position to comment on them. However, it is envisaged that on their completion there will be coordination between the various Departments involved to see what lessons might be learned. The dreadful accounts of abuse in this case, and the testimonies of those who have gone public with their experiences in recent months, bear out the lessons we have learned from other inquiries and investigations in recent years.

It is imperative that we have in place the strongest possible child protection measures. The Minister would like to emphasise that since taking office this Government has transformed child protection arrangements in Ireland and is pushing forward with further major improvements. We now have revised Children First guidance, which is to be put on a statutory footing by the Minister for Children and Youth Affairs, and which sets out excellent standards and procedures involving reporting of allegations to the authorities and training to support this process. These standards 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 for Justice and Equality. Moreover, the arrangements for inter-agency 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. The Garda Síochána also has in place a new and comprehensive policy on the investigation of sexual crime, crimes against children and child welfare.

As far as the particular sector in question in this case is concerned, the Minister is assured by his colleague the Minister for Arts, Heritage and the Gaeltacht that there are clear and robust child protection procedures in place in Irish summer colleges and in households accommodating students. These involve, inter alia, each college authority being required to develop and implement a written policy to prevent any form of child-abuse, bullying or anti-social behaviour during courses. In addition, the Department of Arts, Heritage and the Gaeltacht, in cooperation with CONCOS, the umbrella organisation for the colleges, assists with the training and coaching of college employees with regard to the implementation of Children First guidance, both inside and outside the classroom, and in the households where the students are accommodated. All households providing accommodation for students in the Gaeltacht and all employees of Irish summer colleges are checked with the Garda vetting unit.

This transformation of child protection arrangements has been motivated by the very disturbing lessons we have learned from the past. If there are further lessons to be learned from this case, or indeed from others, the Minister is determined that this will be done. For this reason, he believes that the Garda review should be allowed to proceed and its results considered carefully. He will also engage with his ministerial colleagues on any lessons they feel can be learned as far as their respective organisations are concerned.

On behalf of the Minister I would like to again thank the Senator for raising this important issue and will certainly share the points he has made with the relevant Ministers.