Dáil Éireann debate -
Tuesday, 5 Mar 1991

Vol. 405 No. 9

Written Answers. - Child Sexual Abuse.

Ruairí Quinn

Question:

174 Mr. Quinn asked the Minister for Health whether, having regard to a recent court case concerning child sexual abuse, he has taken any action with all the health boards so as to improve procedures; the nature of the new procedures; and if he will make a statement on the matter.

Ruairí Quinn

Question:

175 Mr. Quinn asked the Minister for Health if his attention has been drawn to a recent court case involving the Eastern Health Board and parents whose children were taken from them because of allegations of sexual abuse by the parents; if he intends to order an inquiry or obtain a report from the Eastern Health Board; if he will make that report available to the Houses of the Oireachtas; and if he will make a statement on the matter.

Ruairí Quinn

Question:

176 Mr. Quinn asked the Minister for Health the number of children who were removed from care of their parents because of allegations of sexual abuse, as confirmed by a medical doctor (details supplied); whether these children are still prevented from living full time with their parents by the Eastern Health Board or other health boards; and if he will make a statement on the matter.

Minister for Health (Dr. O'Hanlon):

I propose to take Questions Nos. 174, 175 and 176 together.

I presume the Deputy is referring to a case which was the subject of a written judgment delivered by the President of the District Court on 8 February 1991. I have received a copy of that judgment and a preliminary report from the Eastern Health Board in relation to its involvement in the case. When I have studied these papers, I will consider whether there is a need to conduct further inquiries into the case or to introduce changes in practices and procedures in the handling of child sexual abuse investigations by health boards.

I would, however, point out that the case in question had its origins in 1987. Since then there have been significant changes in the way in which allegations of child sexual abuse are investigated by health boards. Revised guidelines on procedures for the identification, investigation and management of child sexual abuse were issued by my Department in July 1987. The new guidelines included, for the first time, specific provisions in relation to the investigation of allegations of child sexual abuse. Early in 1988 two new units for the investigation and management of child sexual abuse were established at Temple Street Hospital and Our Lady's Hospital, Crumlin, to deal primarily with cases arising in the Eastern Health Board region.

During 1988 a special allocation of £0.5 million from the national lottery was made to enable the other health boards to establish appropriate services in their areas. Services are now in place in each health board area; some are based in hospitals while others are provided on a community basis.

Following judgments of the Supreme Court in July and November 1989 in another case involving allegations of child sexual abuse — The State (D)v. G — all of the health boards have reviewed their procedures in this area, with particular reference to the furnishing of details of the evidence to parents and their legal advisers before cases come to court.

The Child Care Bill, 1988, which is now being examined by the Seanad contains a number of provisions which are relevant to the problem of child sexual abuse. These facilitate intervention by health boards or the gardaí where children are in serious danger and clarify the circumstances in which children who have been ill-treated, neglected or sexually abused may be placed in care by the courts.

With regard to Question No. 176, I would remind the Deputy that children who have been abused, whether sexually or otherwise, cannot be placed in care against the wishes of their parents unless this is ordered by the courts. The person referred to by the Deputy was involved in the investigation of a number of cases of alleged child sexual abuse. However, the evidence of that person was only part of the overall case presented by the health board to the court. The decision as to whether to place children in care is for the courts to determine following a full hearing of all the evidence and in reaching its decision the court must act in accordance with the relevant legislative and constitutional provisions. Where children are placed in care by the courts, the question of whether to return them to the full time care of their parents is a matter for the courts.