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Dáil Éireann debate -
Thursday, 7 Mar 1996

Vol. 462 No. 7

Adjournment Debate. - Child Abuse Case.

The Kelly Fitzgerald abuse case has been one of the most horrific in the history of the State. The 15 year old died of blood poisoning in a London hospital in 1993.

She had first come to the attention of the health services at the age of five months when she was taken there as an emaciated and dehydrated infant. In May 1989, at the age of 11, Kelly was placed on an "at risk" register because she was considered by the UK authorities to be at risk of emotional deprivation and abuse and, at times, extreme mental cruelty from her parents.

She went to live with her maternal grandparents, and there was a marked improvement in her physical and mental condition. Her plight was still being investigated when her family moved to a small farm in County Mayo. Kelly remained in London with her grandparents.

In December 1990, West Lambeth Health Authority sent its child health files to the Western Health Board. It also notified the health board in writing of its involvement with the family and outlined concerns for another child in the Fitzgerald family.

After a two weeks holiday in 1992 with her parents, Kelly sought to move from London to live in Mayo. She made the move to Mayo to live again with her parents with whom she had not shared a home for three years. Kelly died in suspicious circumstances five months later.

After her death an inquiry was set up by the Western Health board although asking the health board to establish an independent inquiry, given that it was the body responsible for Kelly Fitzgerald's welfare, was not appropriate. Inquiries such as this should be undertaken by an independent national child care inspectorate.

The Kelly Fitzgerald inquiry was completed five months ago but has never been officially published. Quotes from the report are carried in today's Irish Independent. Based on the newspaper reports, there appear to have been serious flaws in the manner in which the Western Health Board dealt with the Kelly Fitzgerald case. However, given that only a very small element of the 235-page report is carried in the newspaper, I will reserve judgment on the findings until I have read the full report.

The purpose of this Adjournment is to ask the Minister for Health to explain a number of serious matters in his handling of the case. Will the Minister explain why he has not requested a copy of the Kelly Fitzgerald report, even though it was completed five months ago. On 8 February at Question Time in the House I called on the Minister for Health, Deputy Noonan, to immediately seek publication of the findings of the report. I was told at that stage that the Minister, the Minister of State or their officials had not seen the report. Why did they not move at that stage given that there was such public concern at the delays?

Up to today neither the Minister, Deputy Noonan, who has responsibility for health boards, nor the Minister of State, Deputy Currie, who has responsibility for children, had requested a copy of the report from the Western Health Board. This represents a dereliction of duty and it reinforces my view that all the comments from these two Ministers about their concern for children are hollow.

The Kelly Fitzgerald report is just one of a series of child abuse that have not been published. The findings of at least two other child abuse investigations remain hidden. The findings of these investigations are in the public interest and must be disclosed. If the reports were published, valuable lessons would be learned and a repeat of the tragic Kelly Fitzgerald case might be avoided.

I remain of the view that until mandatory reporting of child abuse allegation is introduced, procedures and practices in health boards and other agencies will not improve, and we will not have secure consistency in the management of the disclosure of child abuse. I regard the position paper on child abuse published by the Minister of State, Deputy Currie, as nothing more than a stalling tactic. The document itself appears to offer reasons for not introducing mandatory reporting.

The signals from the Government on the issue of mandatory reporting are most confusing. The Minister for Health, Deputy Noonan, said one thing, the Minister for Education, Deputy Bhreathnach said another, while the Minister of State, Deputy Currie, said many things, none of which is consistent. His lastest remarks relate to his refusal to establish an independent national child care inspectorate on the basis that his weekly meetings with civil servants have rendered it unnecessary. I find that a most unusual and implausible reason.

That is not true.

I am calling on the Minister to immediately arrange for the publication of the Kelly Fitzgerald report and to provide time for a full debate on it in this House.

Kelly Fitzgerald was 15 years old when she eventually died of blood poisoning in St. Thomas's Hospital, London. From the evidence given at the trial of her parents and the extracts of the report published today, she was systematically beaten and starved by her parents at her home in Mayo. Following an inquest in London, the chief executive officer of the Western Health Board appointed an independent team to examine the health board's involvement with the child and her family because the child had lived with them in Mayo for five months prior to her death. In 1990 the West Lambeth Health Authority sent files to the Western Health Board informing it in writing that, among other things, Kelly was at risk and that it had concerns about another Fitzgerald child. As we know, her parents were prosecuted and found guilty, having pleaded guilty to the wilful neglect of Kelly, and were sentenced to 18 months imprisonment. That sentence is now completed.

The report of the inquiry into the health board's management of the matter, published in a newspaper, was stated to have been completed five months ago. I and others have persistently asked the Minister for Health to publish its findings and he has persistently given excuses that the chief executive officer was taking advice on its publication. The extent and transparency of the Minister for Health's flight from accountability to the Dáil and the people for the failure of the Western Health Board to carry out its statutory protection duties is breathtaking. It is outrageous and an insult to public administration and to politics that extracts from a report of such importance can appear in a daily newspaper before the Minister for Health has seen it. Worse still, the Minister for Health admitted in reply to a parliamentary question I tabled that he had "not requested to see the report".

Details of the report are published under the newspaper heading "A tragedy of inaction". It is an indictment of the health board and its maladministration in dealing with the Fitzgerald family. It was against this background of maladministration and system failure that Kelly Fitzgerald died and another Fitzgerald child was not adequately protected despite the knowledge of physical abuse of her by her parents. The report finds "lack of leadership and direction" by the health board which led to inconsistencies in the board's intervention with the family. Is this the report after it was filleted by lawyers or did the newspaper reporters see the unabridged version?

The report found there was "an overemphasis on sex abuse compared to physical and emotional abuse and neglect". Its ambivalence on the matter of physical abuse is not confined to that health board. The same ambivalence is displayed in the discussion document on mandatory reporting published by the Minister for Health last week. This long awaited document, a masterpiece of long-fingering and revision, is entitled "Putting Children First". It might more correctly be entitled "Putting Children Last", having first dealt with everyone else's rights, including the ethical difficulties of professionals.

This ambivalence is replicated in Chapter IV of the document. In the course of a litany of issues which it is claimed would need to be addressed before mandatory reporting is introduced, the following stupid question is posed: should mandatory reporting be limited to child sexual abuse or should it extend to other forms of child abuse including physical abuse, non-accidental injury, emotional abuse and neglect? It asks if there is to be mandatory reporting of neglect, should it extend to wilful neglect only or include unintentional neglect? That is listed in the course of a range of major issues which, according to the Minister, would justify postponement of mandatory reporting. Chapter IV incredibly ends with an absurd observation "it may be that the legalistic approach inherent in mandatory reporting may not be the best way forward". Why is a legalistic approach not questioned in the reporting of any other crime? No such hair splitting or hand wringing is indulged in by professionals or politicians on the reporting of any other crime.

The 1987 guidelines on the reporting of abuse, so minimally updated by the Minister last year, failed every test to protect children. We need to legislate immediately for an expressed statutory legal indemnity. Mandatory reporting has been put on the long finger by this discussion document, as has the consultative process which it involves. The protection of children from abuse is not something which can be morally postponed. That is what the Minister attempts to do.

Now that the report is in the newspaper what action does the Minister propose to take? Will he continue to delude himself that it is not a matter for him or his Department? Will he continue to have a hands off approach on how health boards perform their statutory duties in the area of child protection?

As I indicated yesterday in a reply to a question from Deputy O'Donnell, the report of the investigation into the tragic case of the child, Kelly Fitzgerald, was commissioned by the Chief Executive Officer of the Western Health Board who has been in consultation with the board's legal advisers on the publication of the report. Neither I, the Minister for Health nor any official in my Department has seen the report.

That is a disgrace.

Since part of the report is now in the public domain, the chief executive officer of the Western Health Board has been requested to provide a copy of the report to the Department of Health, together with a copy of the legal advice in relation to it. I understand that a special meeting of the Western Health Board has been convened for next Monday, 11 March to consider the report and that the chief executive officer will brief the board on the legal advice received and on the steps taken to improve child protection procedures in his board's area. It would not be appropriate for me to comment on the report prior to its consideration by the board on Monday.

A press statement issued today by the chief executive officer states:

This statement is being issued in view of the disclosure in today's Irish Independent of details of the report of the inquiry team established by the Western Health Board to inquire into the circumstances of the tragic death of the late Kelly Fitzgerald. The inquiry team was established by the board on 2 May 1995 and reported on 14 November 1995. Preliminary examination of the report indicated a number of aspects on which questions arose as to the accuracy of certain statements and also the reasonableness of some of the conclusions drawn. In view of these questions legal opinion was sought as to the board's position in regard to publication of the report.

The opinion of the board's legal advisers was received on 6 February, 1996. Further clarification of certain aspects was sought from the legal advisers and this was received on 5 March, 1996. On 6 March, 1996 copies of the report were issued to members of the board together with the legal opinion received and my own report to the board as chief executive officer, all of these to be considered at a special meeting of the board to be held in committee on Monday, 11 March, 1996.

In my report to the board I recommended that, in view of the legal opinion received, the report of the inquiry team should not be given general publication but that the recommendations, 44 in total, of the team should be so published. I further proposed that the recommendations of the team in so far as they lay within the remit of the board, should be carefully examined with a view to bringing proposals for action before the board and where extra resources were necessary, to the Department of Health. Those recommendations whose remit lay outside the board at national level or otherwise would be referred to the Department of Health. No further statement will be issued until after next Monday, 11 March, 1996.

The Minister for Health and I are extremely concerned that legal difficulties are impeding the publication of reports of inquiries into child abuse cases. It has been our position since we took office that as much information as possible should be put in the public domain. Above all, we are most anxious to avoid suggestions of a cover up in any case involving a health board. The public interest demands that if mistakes were made they should be made public so that we can learn from them and take appropriate steps to ensure the best posible arrangements are put in place to protect children from all forms of abuse and neglect as far as is humanly possible.

It has become increasingly clear that a change in the law is required to ensure that reports of this nature may be published without fear of legal proceedings. It was for this reason that we decided to establish, on a statutory basis, an inspectorate of social services within the Department of Health. It is proposed that this inspectorate will have responsibility for quality assurance and audit of child care practice. Moreover, it will be charged with undertaking inquiries on behalf of the Minister. It is our firm intention that the enabling legislation will provide for the privileged publication by the Minister of any report made to him by the proposed inspectorate.

I note that Deputy Geoghegan-Quinn called today for the immediate introduction of mandatory reporting. She is aware that I launched a discussion document on the subject which gives effect to a commitment in the health strategy and I remind her that this reflected the position of the Government of which she was a member at the time. Nothing was done about this document until I did it.

The Minister of State is in Government now and he should do it.

The Deputy refers to a stalling tactic. If it is now considered to be a stalling tactic, what was it over a year and a half ago when she was in Government and when a discussion document was promised? I have produced this document.

Some 18 months later.

I also note with concern that my protestations in relation to child abuse are considered hollow. I take that personally — it is extremely unfair. The Deputy also stated that I had said that greater co-ordination, etc., was not required because of the weekly meetings I had with civil servants. That is untrue as I never said anything of the sort. There is good co-ordination and organisation between the three Departments in which I have responsibility for child care and it does not depend on weekly meetings with civil servants.

Mandatory reporting raises major issues which need to be teased out before any final decision is reached on the introduction of such a law. Indeed, Deputy O'Donnell's party colleague, Deputy Michael McDowell, in a recent newspaper article articulated some of the difficulties involved in translating the principle of mandatory reporting into practical law. When Deputy O'Donnell described the discussion document as a masterpiece of long-fingering, she also indicted her esteemed colleague——

That is not so.

——because he suggested in that newspaper article, at a time when I had already taken the decision to proceed in this way——

The Minister is pathetic.

——that a discussion paper was necessary and that those responsible for it should be told by me as Minister that they had three months to produce it. I have followed, although it was not intentional, the timescale suggested by Deputy Michael McDowell. He, not I, should be concerned about these under the belt allegations, but I take no umbrage in this regard.

Has the Minister no other advisers?

I will read with interest the report of the investigation into the Kelly Fitzgerald case in relation to the introduction of mandatory reporting. I share the deep — not hollow — concern expressed by the Deputies about the circumstances surrounding Kelly's death and I assure them that the Western Health Board is doing everything within its power to promote the welfare of the other children in the family. My primary objective is to ensure that all the lessons which can be learned from this and other unfortunate cases are taken on board and that our policies, priorities and management arrangements are influenced positively by these lessons now and in the future.

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