Seán Sherlock (Cork East, Labour) | Oireachtas source

I am speaking on behalf of the Minister for Justice and Equality who is unable to be present as she is attending a meeting of EU Justice and Home Affairs Ministers in Luxembourg. I thank the Senator for raising this important matter and acknowledge the consistency with which he has advocated on it.

As the Minister recently announced, an independent review group has been established to undertake a review of the Department of Justice and Equality. The independent review group, chaired by Mr. Kevin Toland, has been asked to undertake a comprehensive review of the performance, management and administration of the Department. It will assess and report on the roles, responsibilities and capabilities of the Department, including concerns in respect of the governance and oversight of external organisations identified in particular in the report of Mr. Sean Guerin, SC; the Department's performance in discharging its responsibilities, implementing its programmes and achieving its desired strategic outcomes, as set out in its statement of strategy; the effectiveness of the Department's current structure, systems, management and capabilities.

In making its recommendations the group will have regard to the policy, legal, institutional and resource framework within which the Department works. It will also draw on international best practice regarding the organisational structures, skills, training and levels required by the Department in order that it can fulfil its roles and responsibilities. It may engage additional expertise to help with its work, as it sees fit. Based on the conclusions and lessons drawn from this assessment, it will make recommendations to the Minister who has already commented that she believes the report will be an important signpost on the path to reform and enable the Department to build on its considerable strengths and fully address areas that need improvement.

Before I comment on the specific case referred to by the Senator, I wish to make it clear that the Minister does not wish in any way to pre-empt the work of the independent review group or how it will focus its efforts in the light of its terms of reference. At this stage, she would simply reflect that it was not anticipated that the independent review group would necessarily be the best means to address the detail of specific cases such as the one referred to, although its findings will, of course, be relevant to the how the range of the Department's functions are delivered. The Department is not aware of any question having arisen relating to the Department in the context of the case referred to by the Senator. It, of course, is not involved in the investigation of criminal offences.

The Garda Commissioner previously directed that an examination be carried out of the procedures surrounding the handling of the complaints against the person in question. The Minister is advised by the Garda authorities that a review has been completed of a number of complaints made against the person concerned. However, further information has recently been provided for the Garda and this has necessitated further examination by gardaí before the review can be finalised. The Minister is advised that this process is ongoing.

The Minister wishes to assure the Senator that the need to learn from past child protection failures is a priority for her and the Government. This is reflected in the transformation of child protection arrangements which have taken place since the Government took office. In particular, the Senator will be aware of the recent publication by the Minister when she was Minister for Children and Youth Affairs of the Children First Bill 2014 which will, for the first time, provide for key elements of the Children First guidelines to be put on a statutory basis. This builds on other significant legislative and administrative measures which have been put in place in recent years to better protect children. In the light of the Minister's clear commitment in this regard, she will be asking the acting Garda Commissioner to ensure the review in question is completed as soon as possible.

I again thank the Senator for raising the issue. I will convey his comments during this debate to the Minister.