Written answers

Thursday, 5 July 2018

Department of Justice and Equality

Garda Procedures

Photo of Denise MitchellDenise Mitchell (Dublin Bay North, Sinn Fein)
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34. To ask the Tánaiste and Minister for Justice and Equality if he is satisfied with the progress made in the implementation of the recommendations in a person's (details supplied) report on the use of section 12 of Child Care Act 1991 by An Garda Síochána; the timeframe for the implementation of outstanding recommendations; and if he will make a statement on the matter. [25557/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, there are great sensitivities and trauma associated with the removal of a child from their parent or legal guardian. However, Section 12 of the Child Care Act 1991 is an essential legal mechanism through which the Garda Síochána performs its child protection function, and it is only used as a measure of last resort.

It is important to recognise that the report specified indicates that Gardaí use these powers following careful consideration of the circumstances and available evidence. It also speaks very highly about the efforts made by Members of An Garda Síochána in treating children with sensitivity and compassion.

I am advised by the Garda authorities that regular monthly meetings are held with the author of the report and he is kept fully informed of progress in this matter.  The last meeting was held on the 18th May 2018, during which all progress and any proposed amendments to recommendations were discussed and agreed with the author, who has indicated his satisfaction with progress, most notably at a conference held by The Irish Society for the Prevention of Cruelty to Children (ISPCC).

The Deputy will be aware that a number of the recommendations are common to both An Garda Síochána and TUSLA, and a joint-agency sub-group under the National Child Safeguarding Strategic Liaison Committee has been established to progress those recommendations.  While a large number of the recommendations are at an advanced stage of implementation, others are more complex and are subject of further discussion with the Author.

I am further advised that as the recommendations contained within the report are similar to those included in the Garda Inspectorate Reports (Responding to Child Sexual Abuse), both reports are being actioned together. The recommendations contained in the report are being progressed under the direction of a Detective Superintendent attached to the Garda National Protective Services Bureau.  Implementation of the recommendations is a priority for An Garda Síochána and the National Child Protection Unit has been tasked with ensuring that all the recommendations are assessed, evaluated and actioned.

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