Katherine Zappone (Dublin South West, Independent) | Oireachtas source

Like many colleagues, I have heard first-hand the pain, anguish and horror that has been inflicted on the McCabe family. This has been the result of the actions of the State, its agencies and its employees — those who should protect and serve our citizens, not persecute them. Since meeting Maurice and Lorraine McCabe on 25 January my primary concern has been to ensure that I do not take actions, inadvertently or otherwise, to add to their pain.

Members will be aware of my remarks in the Dáil yesterday and I will give an overview of them to put them on the record of the Seanad. However, it would be useful, in terms of informing our discussion, to start by giving some updates on a number of questions which have been raised. First, in regard to the second whistleblower, I have met with Garda Keith Harrison and Marissa Simms - I have just come from a meeting with them. They have also had meetings with other Deputies. I am examining if it is possible to include a module which would cover their case as part of the independent tribunal that is being established. If it is possible to do this in a way that will not cause a delay in reporting on Maurice McCabe’s case, then I would be in favour of doing this.

I have a lot of concerns about how Tusla is dealing with child abuse complaints. For this reason, I have initiated a statutory investigation regarding Tusla’s practices and procedures when dealing with complaints of child abuse. This investigation is being carried out by the Health Information and Quality Authority, HIQA. It will be separate from the matters which are under investigation by the tribunal. Since I confirmed this on Monday, senior officials from my Department have met with the chief executive office, CEO, of HIQA to progress the investigation. We want to ensure that the terms of reference are sufficiently focused to get the reassurances that I will need. I do not want a very lengthy investigation though and it is important that the HIQA inquiry provides answers as quickly as possible. The issues are simply too important for any delay.

I have been impressed by other statutory investigations carried out by HIQA and, in particular, the investigation into the tragic death of Savita Halappanavar. It has a track record of conducting sharp, thorough investigations that result in specific recommendations and learning. I note that children’s rights campaigners have welcomed the decision to ask HIQA to conduct an external independent investigation.

There has been public commentary about my meeting with Maurice and Lorraine McCabe which happened on 25 January. It was an official meeting in my office in the Department of Children and Youth Affairs. The McCabes signed into the building like all visitors do. An official attended the meeting. It was an official meeting in my capacity as the Minister for Children and Youth Affairs.

Since the events of the events of the weekend I have made two public statements - to the media on Monday and then yesterday's statement to the Dáil. They set out the timelines and the approach that I have taken. I will now give an overview to place those remarks on the record of this great House.

I met Lorraine and Maurice McCabe on 25 January 2017. They spoke of the heavy burden of the hurt and wrongdoing that has been inflicted on them. They told me that the most recent development involving the information they had received through the freedom of information process from Tusla was worse than anything else that had already happened to them. I was deeply conscious then and since then that it is the State which has almost destroyed this family. I was absolutely determined that in every action I took I would try to ensure that I, as a Government Minister, did not inadvertently cause them any additional hurt. They have now and will always have my support. They told me what was contained in the file. It is shocking. It showed an unacceptable breakdown in procedures. This translated in human terms into the most vile, graphic and false allegations made against Maurice McCabe. At my request, Tusla provided a chronology and outline of its case to me on Friday, 27 January. I made arrangements to give this to the McCabes on Saturday, 28 January. I also included a letter saying that the report may "raise further questions" that they would need answered. I advised them that the CEO of Tusla had offered to meet with them if they wished but I acknowledged that I would understand if they chose not to accept that offer.I offered to facilitate in getting them further information directly from Tusla as an alternative. Tusla has apologised to the McCabes. Tusla will co-operate fully with the tribunal of inquiry.

The third request made to me from the McCabes at the meeting involved the expression of a wish to have their children's names removed from Tusla records. Tusla has deleted the information held electronically on the McCabe family, including the information on Sergeant Maurice McCabe and the four children. Only the paper file will be retained holding all information to date for the purposes of review and the tribunal. The paper files relating to the McCabes have been put under lock and key. They have been taken out of the system in which they would normally be held.

It is my view that the apology and these actions are not enough. A statutory investigation of Tusla procedures and protocols for dealing with child abuse complaints will take place. This will be done under section 9 of the Health Act 2007. This process must be swift in order that we can begin to restore public confidence in Tusla and ensure that its systems are fit for purpose to deal with these issues now and in the future.

I will set out the position on the political developments. There were three interactions with Government colleagues. My advisor met with an advisor from the Taoiseach's office on Tuesday, 24 January, the day before I was due to meet with Sergeant and Mrs. McCabe. My advisor told him about the upcoming meeting. She told him that it related to a complaint that the McCabes had about Tusla.

Before I met the McCabes, I told the Tánaiste and Minister for Justice and Equality that I was meeting Sergeant and Mrs. McCabe. As I stated when I spoke to the media on Monday, I also spoke with the Taoiseach prior to the Cabinet meeting last week. To be clear, this was after my meeting with the McCabes. I told him that I had met the McCabes and that we had discussed false allegations of sexual abuse made against Sergeant McCabe to Tusla. The Taoiseach said that this would be covered by the commission of investigation. I did not go into any of the details of the allegations that I was aware of, but I did indicate to him that this was the nature of the conversation. During the Cabinet meeting, it was my belief that Tusla would be covered by the inquiry under the terms of reference before us. I understand that the proposed chair of the commission shared this view, that is to say, the contents of the RTE "Prime Time" programme would have been covered by the initial terms of reference.

Perhaps I was overly cautious in protecting the details of the information that I had. If that is the case, then I can accept that. However, let us be clear: incorrect information circulating about the McCabes is at the root of the horrendous damage done to the couple and their family. Therefore, I, for one, did not want to risk spreading these false allegations any further. In conversations I have had since with the Taoiseach and other ministerial colleagues, they have accepted the reasoning behind my decision - it was an extremely difficult one.

My final remarks relate to the statement by Maurice and Lorraine McCabe issued just before statements in the Dáil yesterday. I have read the statement issued on Monday by Maurice and Lorraine McCabe. They have asked questions of current and former Ministers. They have asked if the persons who have acted as Minister with responsibility for children since 2013, among others, were "briefed formally or informally of the making of such allegations at any time by the Garda Síochána, or by the Commissioner of An Garda Síochána at any time since August 2013". As I fall into this category, I can confirm that I have never been briefed of such allegations by the Garda Síochána or the Commissioner.

The McCabes have further identified six questions they would like answered. I believe that two of these questions relate to Tusla. First, who interviewed the alleged victim in respect of the allegation in May 2014 as claimed by her solicitor? Second, was any decision made not to inform Maurice of the making of the 2013 allegation and, if so, why and by whom? I have been in touch with Tusla to establish the answers to these questions. I received a response yesterday afternoon. We e-mailed it to Sergeant and Lorraine McCabe. They may wish to come back on this and interrogate it further. If they do, and if I can, I will assist them.