Mick Wallace (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

19. To ask the Minister for Children and Youth Affairs the procedures in place for carrying out investigations into cases of historical child abuse by State institutions; and if he will make a statement on the matter. [14399/15]

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There have been a number of investigations into cases of historical child abuse, including for example, inquiries into the handling of allegations in the dioceses of Ferns and Cloyne, and with particular regard to State institutions, the Commission to Inquire into Child Abuse (known as the “Ryan Report”).

The Ryan Report was published in 2009 and detailed disturbing and significant levels of historic abuse of Irish children who were placed, by the State, in residential institutions run by religious orders. The Government accepted all of the recommendations of the Ryan Report, and in response developed a detailed Implementation Plan, which set out a series of 99 actions which addressed the recommendations to improve services to children in care, in detention and at risk. The Fourth and Final Monitoring Report of the Ryan Implementation Group, which was recently approved by Government and laid before the Houses of the Oireachtas notes that the vast majority of the recommendations (i.e. 94 out of a total of 99), have been implemented or are being implemented on an ongoing basis. It should also be noted that the Monitoring Group, which authored the Report, welcomed the significant positive developments that have taken place over the lifetime of the Implementation Plan.

Should an allegation arise regarding historical child abuse by a State institution, or indeed any organisation or person, there are a number of issues which would be taken into consideration.

In general, each Government Department is responsible for implementing child protection measures, which include preventative and protective strategies, within its own sector. So, for example, in relation to schools, the Department of Education has a suite of child protection guidelines and protocols in place. My Department chairs the Children First Implementation Group which supports consistency in the implementation of the Children First National Guidance for the Protection and Welfare of Children(2011), across all relevant Departments and sectors.

At present, in the event that a reasonable concern arises that abuse has occurred, Children First: National Guidance for the Protection and Welfare of Childrenoutlines the steps which should be taken to report concerns. The Children First Bill, 2014, which will shortly be progressing into Committee Stage in the Dáil, proposes to place elements of the National Guidance on a statutory basis. In effect this means that certain categories of person will now acquire a statutory responsibility to report concerns of harm which meet or exceed a defined threshold to the Child and Family Agency. In addition, organisations which provide relevant services to children will, once the Bill is commenced, be required to undertake an assessment of risk in relation to the harm which may come to a child while availing of its services and to prepare a Child Safeguarding Statement which outlines the procedures which are in place to mitigate the identified risks.

The Government has no plans currently to carry out any further systemic historical reviews at this time.

If an allegation of historical abuse is made, the Child and Family Agency, under its statutory responsibility under section 3 of the Child Care Act, 1991, is required to investigate such allegations. This would include establishing whether the alleged perpetrator presents a current risk to children. If the allegation is made by a child, the Agency would also be required to take the steps it considers necessary to protect the child in question. Finally, An Garda Siochána also has a role in relation to historical abuse in the context of investigating any criminal aspects thereof. It is of course always open to any individual to have recourse to the courts in relation to any allegation of a crime, including historical abuse.