Seanad debates
Wednesday, 31 May 2017
Report on Use of Section 12 of Child Care Act by An Garda Síochána: Statements
10:30 am
Victor Boyhan (Independent) | Oireachtas source
I warmly welcome the Minister to the House. I acknowledge her three-page report but I have heard all of this. I do not mean to be rude when I say that as politicians of both Houses, we are tired of having history lessons about An Garda Síochána and history lessons about child protection. The previous Minister who came into the Seanad was speaking about the protection of women and domestic violence in families, issues which dovetail in many ways with the issues we are discussing now. There are many similarities between the two. What is striking about all the issues is that the NGOs and the other organisations outside feed in so much to us through those who share their personal experiences. This is no easy thing to do especially if it is around domestic violence, family breakdown, abuse within the family by members of the family or the possible question of children being taken in to care.
Over the last few weeks I have been touched by these people as they bring their situations home to us. They have experienced these issues on a day-to-day basis. When one is involved in legislation, the problem can be that one can become quite cold. I have seen some letters - the detail of which I shall not go into here - relating to cases that have been made of complaints, be it by Departments or State agencies. The letters are cold or they have no regard to the particular circumstances of the people and in many cases they are not even child-centred. It is an appalling way to treat people who have particular difficulties.
I want to stay focused on the audit by Dr. Shannon. It really highlights grave failings in Ireland's child protection system. We can talk all day and reports can keep gathering dust on shelves but nothing seems to happen. Let us be clear, however, on what Dr. Shannon's report tells us. The report tells us there is a lack of adequate out-of-hours social work services. Let us deal in the facts. There is a "lack of access to case files" to enable effective assessment and decision making in respect of child safety. That is what the report says and I am quoting directly from it. There is a lack of "reliable data" on the Garda Síochána's PULSE system. We know all about the lack of data in other areas but this is the lack of accurate data on the PULSE system in respect of section 12 removals. The audit also states there is a lack of training, resources and support for gardaí when they exercise their powers to remove a child at risk, pursuant to section 12. The audit found a lack of clarity around the responsibilities of Tusla. I have had Tusla up to here at this point. Everybody says that Tusla is fit for purpose but I say it is not fit for purpose. Why do I say this? It is because I am meeting people every week who have horrendous experiences of this organisation.The Minister herself has commissioned a number of inquiries into Tusla, on which she has elaborated here. There were serious concerns about this organisation and I do not believe it has the capacity needed. I accept that Dr. Shannon, in fairness, seems to have a different view and I acknowledge that he is the expert. Maybe all the experts, doctors, professors and professionals are slightly removed from it all. People on the ground tell a different story. There is some disconnect there and it is important to ask why this is the case.
The use of Garda stations as safe places for children to be held is of real concern. I do not care if it is for an hour or ten minutes; it is against best international practice, as the Minister knows. The Shannon report clearly says so. The report also expresses concerns about the use of some private fostering services. While I do not want to go into that in any detail, the Minister will be aware of the media coverage of inappropriate behaviour over the past two weeks. Children have been left exposed in foster care situations. That is the reality. There are not too many cases, but they are there and they are alarming. Some of them are mentioned by Carol Coulter in today's edition of The Irish Times. These are serious matters.
At the end of the day, what can we do to find solutions? There are 17 recommendations in the Shannon report, which I believe should be implemented. I call on the Minister, the Government, An Garda Síochána and Tusla to commit to implementing in full all of the recommendations without any excuse. I am calling on the Minister for Justice and Equality and the Minister for Children and Youth Affairs - their roles dovetail in respect of this issue - to present an action plan to Seanad Éireann within three weeks. That is not unreasonable. I ask respectfully for this to be done. If it does not happen, it is my intention to table a motion in the Seanad. I will lobby hard to bring one or both of those Ministers back to the House to set out an action plan and a timeframe for implementing the 17 recommendations. I would like the Minister's response on that. I am looking for a full plan and a detailed implementation strategy addressing all of the recommendations in the report to be brought before the Seanad within three months. Otherwise we are wasting our time. Hopefully we will all still be here or somewhere nearby.
Ultimately, recommendations are meaningless unless we are going to action them. Every time we have a report it is because we have been dragged into a situation. The Minister has to come in and we have to have a report because that eases everything and calms us down. That criticism is not directed at the Minister, Deputy Zappone. I have an awful lot of time for her and acknowledge the enormous amount of work she has done. However, honeymoons are now over and the Government is well established, having been in power for over a year. It does not have a lot of time and time is precious. Most important, the children and families have no more time to wait for action. I want to hear the Minister tell us how she intends to deal with the 17 recommendations. Does she think it is reasonable to have a plan for us in three weeks? If not I intend to come back to the matter in three weeks. Certainly I would like to think we could have a very detailed map of the way forward within three months, in terms of addressing the issues that Dr. Shannon has identified in his report.
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