Trevor Ó Clochartaigh (Sinn Fein)
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Glacaim leis go bhfuil an tAire ag tógáil na ceiste seo. Tá mé buíoch go bhfuil sé anseo.

About two months ago, we heard about a scandal relating to a former head of a summer college who also worked in other capacities where he had access to young people. The man has since passed away. Apparently, serious allegations were made to various State agencies and arms of the State over the past 40 to 50 years. The earliest allegation made against the individual dates back to 1955. The individual worked with a number of different State organisations, the VEC is one of them, and other organisations who received funding from State funded systems. The Minister for Justice and Equality has taken the matter seriously. He has called for three internal inquiries to be conducted by the HSE, the Department of Education and Skills and his Department, respectively. He also wants the Garda Síochána to internally investigate the allegations made about the individual and actions taken.

A certain amount of time has elapsed so I shall ask the Minister the following questions. What engagement has taken place with the three agencies regarding internal investigations? What timescale is envisaged?

We have let some time pass before asking the question of what engagement there has been with those three agencies regarding the internal investigations, the timescale envisaged and how far back the organisations will look, taking into account that some of the allegations date back to 1955 and that there were court cases pending that were never fully heard. We are also aware another settlement was made outside of court and different organisations were involved. Quite a large number of victims have come forward to the media in this case, some publicly and some anonymously, but I know of at least 11 people who are claiming to have been abused by this individual. That abuse seems to have been widespread judging by reports.

The terms of reference for the investigation are important, with questions over who will investigate and what manner of investigation will be carried out. Will there simply be a review of the files held by the organisations or will it cover all correspondence and look back at any payments that might have been made to any of the individuals who have claimed that they were abused by this man?

This is a serious issue. I am in contact with a couple of the individuals who were abused and they are distraught. They want to get some sort of closure and answers about how a man who was apparently abusing children since 1955 was allowed to continue in positions of power and authority, and continued abusing until very recently. I look forward to the Minister's response.

James Reilly (Dublin North, Fine Gael)
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I am speaking on behalf of the Minister for Justice and Equality who regrets that he is unable to be present due to other business. On behalf of the Minister, I wish to thank the Senator for again raising this important matter.

As the Minister has previously made clear, the allegations regarding the person in question are very disturbing. He would again encourage anyone in any situation who has been abused to come forward to report his or her concerns, and to avail of the counselling which is available from the HSE or from one of the voluntary groups working in this field. As Minister for Health, I would equally encourage people in these situations to express their concerns and speak to the professionals available to help them. I know that is difficult.

The preliminary report which the Minister received from the Garda authorities set out how in 1997 a criminal investigation was instigated into allegations of sexual abuse, which led to the person in question being charged with numerous counts of sexual offences. As the Minister outlined at the time of the Senator's earlier inquiry, he is advised that judicial review proceedings were taken by the accused for reasons related to delay in the bringing of complaints, and that arising from these proceedings, the prosecution fell. The Senator will appreciate that the bringing of prosecutions and their management is a matter for the direction of the DPP, who makes independent decisions having regard to the circumstances of the case in question. The Minister has no role in this process and, quite properly, is not in a position to explain decisions of the director.

More recently, arrangements had been made by gardaí with a further injured party to take a statement but this had not taken place prior to the person in question's death. Concerns expressed in connection with the suggestion that the person in question was seeking to visit schools to promote a book were also under consideration at the time of the death.

The examination which the Garda Commissioner has directed be carried out concerning the procedures surrounding the handling of the complaints against this person is at an advanced stage and a report will be submitted to the Commissioner in the near future. As far as the terms of reference of this examination are concerned, these would be a matter for the Commissioner but he has already indicated that the focus will be on whether any lessons can be learned from the handling of the above complaints and subsequent investigations. As this is an internal Garda examination it would not be the normal practice for such reports to be published. However, the Minister will examine in due course how any key findings might be put into the public
domain and will engage with his ministerial colleagues on the outcome of the examination.

The Senator will appreciate that the other inquiries being carried out into this matter are not taking place under the auspices of the Minister for Justice and Equality, so he is not in a position to comment on them. However, it is envisaged that on their completion there will be coordination between the various Departments involved to see what lessons might be learned. The dreadful accounts of abuse in this case, and the testimonies of those who have gone public with their experiences in recent months, bear out the lessons we have learned from other inquiries and investigations in recent years.

It is imperative that we have in place the strongest possible child protection measures. The Minister would like to emphasise that since taking office this Government has transformed child protection arrangements in Ireland and is pushing forward with further major improvements. We now have revised Children First guidance, which is to be put on a statutory footing by the Minister for Children and Youth Affairs, and which sets out excellent standards and procedures involving reporting of allegations to the authorities and training to support this process. These standards are complemented by the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, both introduced by the Minister for Justice and Equality. Moreover, the arrangements for inter-agency working at all levels have been strengthened, supported by the ongoing reform of children and family services in the HSE and the work to establish a child and family support agency. The Garda Síochána also has in place a new and comprehensive policy on the investigation of sexual crime, crimes against children and child welfare.

As far as the particular sector in question in this case is concerned, the Minister is assured by his colleague the Minister for Arts, Heritage and the Gaeltacht that there are clear and robust child protection procedures in place in Irish summer colleges and in households accommodating students. These involve, inter alia, each college authority being required to develop and implement a written policy to prevent any form of child-abuse, bullying or anti-social behaviour during courses. In addition, the Department of Arts, Heritage and the Gaeltacht, in cooperation with CONCOS, the umbrella organisation for the colleges, assists with the training and coaching of college employees with regard to the implementation of Children First guidance, both inside and outside the classroom, and in the households where the students are accommodated. All households providing accommodation for students in the Gaeltacht and all employees of Irish summer colleges are checked with the Garda vetting unit.

This transformation of child protection arrangements has been motivated by the very disturbing lessons we have learned from the past. If there are further lessons to be learned from this case, or indeed from others, the Minister is determined that this will be done. For this reason, he believes that the Garda review should be allowed to proceed and its results considered carefully. He will also engage with his ministerial colleagues on any lessons they feel can be learned as far as their respective organisations are concerned.

On behalf of the Minister I would like to again thank the Senator for raising this important issue and will certainly share the points he has made with the relevant Ministers.

Trevor Ó Clochartaigh (Sinn Fein)
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I welcome that reply. It is good to hear the Garda Commissioner's investigation is at an advanced stage and we welcome that report coming out as soon as possible. The Minister says he has no jurisdiction over the other investigations but I might tapaigh an deis because one of the other investigations relates to the HSE. I will not spring it on the Minister but perhaps he might go back to the HSE because an internal review regarding this individual was to be carried out, with an internal investigation of whether any allegations had made over the years against this person. Perhaps the Minister might raise this with the HSE and correspond with me on it. I will refer to the Minister for Education and Skills about the investigation by the Department.

James Reilly (Dublin North, Fine Gael)
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On behalf of the Minister I would like to thank the Senator again for his remarks and will share all of his views with the relevant Ministers. I will certainly come back to the Senator vis-à-vis the HSE and its investigation. The Minister for Justice and Equality has indicated that subject to consultation with the Garda Commissioner, he will examine how any key findings from the Garda review might be appropriately put into the public domain and will engage with this ministerial colleagues on any lessons to be learned from the perspective of any of the other organisations in question.

I would like to reiterate the Minister's expressions of sympathy with all of those affected and his hope that they will be able to avail of the counselling assistance which is on offer. I join with the Minister in offering that sympathy.

We want our children to be safe. It is a terribly sad reflection on previous Irish life that so many children were left in such exposed conditions that people could take advantage of them, and that the mechanisms did not seem to be in place to deal in a speedy fashion with those individuals who would take advantage of children in order to prevent them having numerous victims. Sadly, that is the history and legacy we have, but as the Minister has pointed out, we must learn from those mistakes and ensure that in the future, matters are dealt with in such a way as to put child protection to the fore.