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Dáil Éireann debate -
Tuesday, 4 May 1982

Vol. 334 No. 1

Ceisteanna—Questions. Oral Answers. - Death of Child Inquiry.

13.

asked the Minister for Health if he will hold an independent inquiry into the circumstances surrounding the death of a 13-month-old child (details supplied) in County Dublin whose death resulted in his father being sentenced to a term of imprisonment in proceedings before the Central Criminal Court in December, 1981.

My Department has already examined the circumstances of this case very closely and arising out of this examination has sought clarification from the Eastern Health Board on a number of aspects relating to it.

When I receive this clarification, which I expect very shortly, I shall then consider whether an inquiry as suggested by the Deputy is necessary.

When was the health board requested to provide clarification?

The health board initially was requested to supply a full report and immediately following the conviction the Department initiated an examination into the circumstances leading to the death of the infant concerned. That examination involved a request to the health board to furnish a report. I do not have the exact dates but we have been in contact with the health board frequently to have their report finalised.

I should like to draw the Minister's attention to the facts surrounding this case. A father was convicted of battering to death his young child after previously spending nine months in prison for beating up his three-year-old daughter. I should like to draw the Minister's attention to the fact that the report of the court proceedings published in the newspapers stated that there were more than 80 bruises on the child's body including fractured ribs and a fracture of the skull. The Minister should deal with this matter urgently because it is of grave public concern that children were left in the custody of a father who had already served a prison sentence for battering a member of his family. I suggest to the Minister that the facts of the case indicate that there exists some grave and serious deficiencies in the manner in which we are dealing with children at risk of being battered. Will the Minister, in view of the health board's apparent reluctance to provide the comprehensive information sought since last December, set up an independent inquiry to investigate the circumstances of the death of this child which I believe is a public scandal.

Since I took office on this occasion I have been pressing the health board to furnish a complete report on the matter. I have sought clarification of some of the matters outstanding. I am anxious to receive that clarification and I expect I will have it very soon.

Would the Minister not agree it is totally unsatisfactory that five months after the father of this child was convicted and sentenced to two terms of imprisonment the Minister still has not received from the health board the comprehensive information he requires to decide what action should be taken? Would he not agree that in the circumstances an independent inquiry should be established and in the light of the facts of this case would the Minister now request all community care personnel attached to all the health boards to ngage in an immediate review of all cases of non-accidental injury to children which have come to their notice in the past five years to establish whether a re-assessment of the desired action should now be made?

As I have stated, I am taking this as a matter of very considerable urgency. I have been pressing the health boards to give the requested clarification and am hopeful of obtaining this information any day now, certainly within the next week or so. At that stage I will be in a position to take a decision as to whether the type of inquiry suggested by the Deputy should be undertaken.

Can the Minister confirm that the children of this man convicted of the murder of a 13-month-old child were on the list referred to in Question No. 9? If they were, does that not raise a grave question as to the extent of the observation—to use the Minister's word—of children at present on a list of those at risk? If those children were not on the list, would the Minister please tell us why they were not?

The matter is presently under investigation. We will have full clarification shortly.

Would the Minister not confirm that at the change-over of Government there had been two series of reports from the health board? There had been the original report and, following the court case, an immediate request for an examination of that report in relation to the court evidence and, arising out of this, there were in January a further series of questions to the health board personnel involved. I have been awaiting with interest the information which the Minister has given today and he must answer for the delay in getting final confirmation. I would have anticipated that there would have been at this point a clear decision about changes in guidelines arising out of the health board's own assessment.

I am sorry, the Deputy cannot make a speech. She should ask a question.

Given that there has been a delay, can the Minister adequately account for that delay? In that context can he refuse an independent inquiry if the health board's own activities have been so lax and his own Department so slow in ensuring that this urgent situation be given the attention and speed it requires.

The indications at this stage on the information to hand are that there was no neglect on the part of health board staff in the performance of their duties. I requested further clarification beyond the questions which have been asked by my predecessors, in effect. As soon as we have the answers to these questions, I will then be in a position to decide whether a full scale inquiry is needed.

Arising out of the Minister's reply——

This is the final supplementary. We cannot keep going on on this matter.

Would the Minister not agree that there is grave public disquiet and lack of confidence in the present procedures for the protection of children? Would the Minister not reply to my earlier question that, pending a final decision on this matter, he should ask all health boards to undertake an urgent review in respect of all children presently known to be at risk?

That is a repeat of your question.

It is a question that has not been answered. I have not yet received an answer.

The Deputy may not repeat a question. I am not responsible for non-answers.

If I do not get answers to questions which I put to the Minister, surely I am entitled to put them to him a second time?

No, you are not. If the Minister does not wish to reply, that is not the Chair's fault.

So that Deputies can ask questions without getting a reply of any nature?

For the information of the House, this has already been done by my predecessor and repeated by myself. The question remaining is a further clarification of some questions which I raised. I hope to be in a position to give an answer to those soon.

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