Victor Boyhan (Independent) | Oireachtas source

I warmly welcome the Minister. These are difficult days for her and for the Government as a whole, but they are exceptionally difficult days for the McCabe family. I do not doubt the Minister's empathy for them. We know that Tusla carried out covert and overt surveillance on Maurice and Lorraine McCabe and their children. This is totally unacceptable in any state. They were victims of rumour, innuendo and malicious falsehoods. Nobody can stand over that. Before I ask the Minister two questions about data protection issues, I want to deal with her statement. I thank for and commend her on the openness, clarity and consistency. I want to acknowledge that because it has been apparent to me as I have been following this story in recent days. I have read every newspaper and I have followed everything. I have been in the Public Gallery in the Dáil. I do not deny that other people have views on the level of clarity that has been achieved this week, but I want to acknowledge the absolute consistency and clarity in what the Minister has said in both Houses of the Oireachtas.

I would like to refer to seven key points I noted as the Minister spoke. She said she has initiated a statutory investigation into the practices and procedures of Tusla on foot of her concerns about the role of that organisation in dealing with the child abuse complaints in this case. I welcome that.

I think the Minister's confirmation in her speech that her meeting with Mr. and Mrs. McCabe "was an official meeting in my capacity as Minister for Children and Youth Affairs" is an important and profound statement. She is telling us that she met the McCabes in her official capacity as the Minister. Contrary to what we were led to believe in the other House, this was not some sort casual meeting that the Minister attended in a private capacity. Someone described it as a "private meeting", but the Minister has clarified that it was a meeting she attended in her capacity as Minister. This important line in the Minister's speech jumped off the page when I read it. I am glad the matter has been clarified.

The Minister said that "Tusla will co-operate fully with the tribunal of inquiry". Of course it should do so. I would expect that of Tusla. It should not be a surprise. Tusla will be compelled to co-operate fully, particularly in light of the travesty it has inflicted on people. The Minister also said that "Tusla has deleted the information held electronically on the McCabe family, including the information on Sergeant Maurice McCabe and the four children". Can she confirm that all of this data is retrievable? This is critically important. I understand the need for protection, but I do not like to see people deleting stuff. Was the cut-and-paste administration error reported to the HSE data protection unit as a breach of data protection rules? If the Minister cannot confirm that this evening, she might be able to come back to us on it at some future stage.

Can the Minister assure us that all data is being held, electronically or in any other form? Given that Tusla is to be investigated, in whose charge is all of that data at present? This is a very important matter. I do not know what conversations the Minister and her departmental officials have had with those who work in data protection. There are data protection issues here. All of this information must be kept in hand in a credible manner. I do not know how that can be done. There are serious concerns to be raised.

I welcome the Minister's confirmation that there is to be "a statutory investigation regarding Tusla’s practices and procedures when dealing with complaints of child abuse". She briefed us on her ongoing dialogue with the Taoiseach and the Minister for Justice and Equality. We take that as it is. I presume it will all become more apparent at a later stage.

In the final paragraph of her script, the Minister referred to the request made by Maurice and Lorraine McCabe to be told whether "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"." The Minister has not given us an answer. I do not know if she has that answer. If she is aware of the answer, will she share it with us?