Rónán Mullen (Independent)
Link to this: Individually | In context

Cuirim fáilte roimh an tAire Stáit. The issue I raise is of great sensitivity. It is an issue many politicians and others would prefer not to receive in their in-tray because of the seriousness of the allegations involved in the case, the passage of time and the fact there are several interconnected issues. There is the question of whether a crime took place which should have been investigated and which would have led to a prosecution. The is also the question of the custody of a child, the fitness of particular persons to have custody of that child, the conduct of the courts and the role of the State in entrusting a child to the custody of a person whom she alleges abused her. There is also the question of the role of the legal team or teams who acted for that child and who were her protector and questions about how they discharged their duties. These are the matters which arise in this case.

It is not my place or role nor do I purport to make any definitive judgment on the various allegations made by members of the Bland family in this forum. However, I have met Ms Sarah Bland and her mother and the allegations they have made have been raised in the Northern Ireland Assembly and have been made a matter of public record elsewhere. I believe the allegation that Ms Bland was abused and that such abuse was caused or perpetuated by the failure of legal representatives and or agents of this State and their claims that there ought to have been prosecutions on foot of the allegations made and, consequently, they are owed apologies and compensation by the State and others are all matters that call for investigation by a proper authority.

This case has been debated on two occasions by the Northern Assembly. It was alleged in the Belfast Telegraph that, at first, the members of the Bland family in question had great difficulty in getting Government officials in this jurisdiction to agree to a meeting and that, on foot of the matter being raised in the Northern Ireland Assembly by a number of very prominent Northern politicians, a meeting took place at which I believe the Secretary General of the Department of Justice, Equality and Law Reform, Mr. Seán Aylward, was due to be present.

Arising out of these matters with which I am trying to deal in a manner that is fair and sensitive and given that this matter has been raised with me by Ms Sarah Bland, her mother, Ms Trish Bland, and by a senior member of the Northern Assembly, I would be grateful for answers on the following issues. Given that a meeting took place, what was the outcome of that meeting and what is the view of the Department of Justice, Equality and Law Reform of the Bland case? Does the Department propose the establishment of any kind of inquiry into the various allegations to establish whether the State failed in its obligations? Does it believe all necessary steps have been taken to establish whether criminal offences have been committed?

The reason this issue was raised in the context of the Ryan report is because that report documented in very stark and revealing terms the extensive failure of, among others, the State to take the steps necessary to ensure children being entrusted to third parties or to the care of third parties were not abused by them. There is a need for victims of abuse to be believed. This is a key issue for people who have been abused and it is certainly the view of Ms Sarah Bland that their case has not been properly considered-----

Pat Moylan (Fianna Fail)
Link to this: Individually | In context

Senator Mullen, with regard to names, I would prefer that the privacy of the family be respected.

Rónán Mullen (Independent)
Link to this: Individually | In context

I accept that fully and while I wish to act with complete sensitivity in that matter, where that matter has been raised with me I have to make a judgment call-----

Pat Moylan (Fianna Fail)
Link to this: Individually | In context

This matter could well be in the courts.

Rónán Mullen (Independent)
Link to this: Individually | In context

-----as to what is most appropriate.

Conor Lenihan (Dublin South West, Fianna Fail)
Link to this: Individually | In context

As the Senator will be aware, the Ryan report dealt with the dreadful abuse which took place in residential institutions, so its direct relevance to the case referred to by the Senator is not immediately apparent. In any event, the persons referred to by the Senator have, over a number of years, made a series of wide-ranging allegations against the courts, State agencies and professional and other persons.

One set of allegations alleges that one of the persons was the victim of sexual abuse by a family member. The persons are dissatisfied with the decision of the Director of Public Prosecutions not to prosecute that family member in connection with this alleged sexual abuse and with the investigation of the complaints by the Garda Síochána. The other set of allegations concerns the dissolution of the marriage of one of the persons and the disposal of the family property. They have drawn up what is described as a statement of claim against the State for an eight-figure sum and a demand for other actions by the State. The most serious allegation, which is of sexual abuse, was the subject of exhaustive investigation by the Garda Síochána. When the investigation file was complete, it was referred to the Director of Public Prosecutions who decided that a prosecution should not be entered. Following a number of subsequent reviews of the case in light of additional material submitted by the persons, the DPP reaffirmed his original decision each time. The Office of the Director of Public Prosecutions has informed the persons referred to that none of the material submitted by them was such as warranted a prosecution in relation to the original complaint of sexual offences or otherwise.

As the Senator will be aware, the role of the Garda Síochána is to investigate complaints which are made to it alleging an offence has been committed, to gather whatever evidence may be available and to submit a report to the DPP. The question of whether a particular person should be prosecuted and for what criminal offence is, as a matter of law, the sole responsibility of the DPP who is independent in the performance of his functions and makes his decision on the basis of the Garda findings viewed against the background of common and-or statute law.

The disposal of the family's property following the break-up of the marriage was the subject of litigation in the courts, as were certain family law matters which are heard in camera. The Senator will also be aware the courts are subject only to the Constitution and the law and are independent in the exercise of their judicial functions, and the conduct of any court case is a matter entirely for the presiding judge.

On 30 June 2008, the Secretary General of the Department of Justice, Equality and Law Reform met the persons referred to. They were accompanied by a number of people from the DUP, Sinn Féin, the UUP and others. The Secretary General undertook to consider the points made at the meeting and review the documentation in the case, although he emphasised he did not wish to raise expectations. Following a review of the documentation, which included consulting the relevant agencies where appropriate, he subsequently wrote in October 2008 to one of the persons referred to, informing her of the outcome of the review, with copies of the letter sent to the members of the DUP, Sinn Féin and the UUP who had attended the meeting. In his letter, the Secretary General said that following the process outlined, the position remained there was nothing in the documentation available or the points made orally that would enable or warrant a reconsideration of decisions made in the case over the years by agencies of the criminal justice system. In particular, there were no grounds to doubt that the courts made their judgments on the basis of the evidence put before them and in accordance with the law.

I appreciate this was not the response the persons referred to had hoped for. However, the conclusion was reached only after a very careful consideration of all the facts available. It follows from this response that there are no grounds on which compensation should be paid from public funds and there is no action required on the part of the State to take this matter further.