Dáil Éireann debate -
Thursday, 23 May 2013

Vol. 804 No. 3

Leaders' Questions

Deputy Micheál Martin

I would like to start by condemning yesterday's terrorist attack in London, during which a soldier was barbarically killed. Our sympathies and thoughts are with the family of the deceased soldier and with the British people at this appalling moment.

I think the Tánaiste will agree that the early years of a child's life are the most fundamental for his or her development. I refer to aspects of social education like the development of self-esteem and self-confidence. A child learns and develops more in the first three years than in the rest of his or her life. It has been reported that a forthcoming edition of RTE's "Prime Time" on standards in crèches will reveal damaging and worrying mistreatment of children. This will cause widespread alarm and concern among people across the country. It will cause significant distress to thousands of parents who send their children to child care facilities. I understand from media reports that in one crèche, a staff member has been dismissed and three others have been suspended. Staff members have been suspended in another crèche that will fall under the spotlight of this programme.

A meeting was held last Thursday night in Malahide at which parents were briefed on the findings of the "Prime Time" investigation. According to a report in today's media, a crèche owner who has viewed the undercover footage taken by RTE has described the actions of staff as "wholly inappropriate, inexcusable and unacceptable". The parents concerned are understandably furious about these developments. I understand that footage which was recorded in a room where younger children are kept shows children being shouted at, bad language being used and bottles being thrown, etc. I believe that such absolutely unacceptable and disgraceful behaviour forms the content of the programme in question. Everyone in the House will be concerned to hear such reports.

Can the Tánaiste indicate whether the Minister for Children and Youth Affairs has been made aware of these allegations and revelations? Can he confirm the nature of the HSE and Garda inquiries into these matters? Can he reassure parents across the country whose children are in child care facilities that their children are safe in such facilities? Can he confirm that there is a robust inspectorial regime with the capacity to identify this type of behaviour and mistreatment of children in crèches? Are the resources available to the HSE and the inspectorial authorities adequate to uncover and identify failings of this nature?

The Tánaiste

I want to join Deputy Martin in condemning the shocking terrorist attack on a soldier in London yesterday. I am conveying on behalf of the Government our deepest sympathy with the British Government and, particularly, with the family, friends and colleagues of the soldier who was attacked.

I agree with Deputy Martin that the early years of a child's life are critical. When parents arrange for the care of their children, particularly their young children, they have a right to expect that they will be properly cared for and will not be subjected to any kind of mistreatment, verbal or otherwise. As we know, it has been reported that a number of crèches in north and south County Dublin are being investigated by the Garda and the HSE following allegations of mistreatment of children, such incidents having been recorded secretly by RTE. These allegations tap into every parent's worst nightmare. Parents who dropped their children off at crèches this morning need to have confidence and trust in the people who look after their children. As a Government, we are deeply concerned about these reports. It is shocking and disappointing that any person whose role is to care for our youngest children could behave in the manner described.

The mistreatment or abuse of children is unacceptable in any setting. All such incidents should and must be reported to the relevant authorities, as has rightly happened in this case. I understand the Garda and the HSE are investigating this matter. Any parent who has concerns regarding practices in a crèche can report them to the HSE for investigation by its child care inspectorate. If such concerns relate to child protection matters, the HSE works with the Garda in line with the Children First guidance. I understand the HSE will be shown the footage in this case later today, at which time it will be in a better position to understand the extent of these problems.

In view of some of the reports, however, the HSE has already been in touch with the Garda and I understand RTE is already liaising with the Garda in this case. An investigation is under way into these allegations. Clearly, what we have to date is what has been reported. The matter has been reported to the HSE, which is conducting an investigation in conjunction with the Garda.

Deputy Micheál Martin

I thank the Tánaiste for his reply, which essentially confirms a very disturbing situation where investigations are under way in terms of mistreatment of children in crèches in this city. It also highlights the issue around the inspection and monitoring of standards in such facilities and the adequacy of such inspections.

I know the Minister was asked some time ago whether the Health Information and Quality Authority, HIQA, should be tasked with ensuring standards are adhered to in private and public crèche facilities. The reply was somewhat equivocal on the point about an expanded role for HIQA. Currently, it inspects under sections 38 and 39 of the Health Act 2004. By any objective perspective, most people would accept HIQA's work has been of extremely high quality in the various areas it has operated to date. Nonetheless, the revelations that are emerging call for a reassessment. The Minister said the Department would continue to review and monitor the regulatory environment for preschool services. This has been a very significant wake up call given the context of the revelations we have heard about and which the Tánaiste has confirmed - or he has at least confirmed the investigations into those incidents. A stronger role for HIQA is called for.

I ask the Tánaiste to confirm that the Minister would be of a disposition to give an enhanced role to HIQA in this arena. Second, will he indicate when the Children First Bill and the child and family agency Bill will be published? These are critical pieces of legislation that have been awaited for some time.

The Tánaiste

The Minister for Children and Youth Affairs is giving the highest priority to the reports we have heard and to the investigations which are under way. She is and will be receiving up-to-date reports on the progress of those investigations and she is taking a direct and personal interest in them.

With regard to the inspection of child care facilities, in both 2011 and 2012 over 2,600 child care providers were subject to inspection by the HSE. Basically, what we need here is that parents are assured the Irish child care sector is safe and that practitioners are committed to ensuring the highest standards of care for children. For that reason, the Government has brought in updated Children First guidance on child protection and is currently finalising the legislation to put compliance with Children First on a statutory footing. The Government has also brought in the National Vetting Bureau (Children and Vulnerable Persons) Act, which puts on a statutory basis the mandatory vetting of persons who are working with children or other vulnerable people. There has been a problem with regard to the processing of applications for vetting, and the Department of Public Expenditure and Reform has granted sanction for an additional 25 staff to be redeployed from the Department of Agriculture, Food and the Marine to the Garda central vetting unit. These personnel are currently undergoing training and will be operational within a short time.

The Government is very conscious of the continuing imperative to deliver improvements in quality in the early years of child care provision. HIQA has, for the first time, been given responsibility for child protection standards. The actual inspection of the child care facilities is a matter for the HSE and for the inspectorate which has that responsibility. The cases which are now in the public domain, and which are the subject of the RTE documentary, are being investigated by the HSE and by the Garda. We are taking the issue very seriously indeed.

Deputy Jonathan O'Brien

I would like to raise with the Tánaiste the growing concern about the delivery of mental health care provision, which is having a profound impact on some of our most vulnerable citizens, particularly young people. A recent report by the Inspectorate of Mental Health Services found that children and teenagers needing psychiatric care are being denied admission to facilities while beds within some of those facilities go unoccupied as a result of staff shortages. Depending on which report one reads, it is estimated that, at times, up to half of the beds in these facilities are not being utilised. This is at a time when there are growing waiting lists and waiting times for admission, in some cases of up to six months.

We have had cases where parents of vulnerable children are being asked to send their children from the Munster region to facilities in Dublin. In one such child and adolescent unit in Cork, for example, only 12 of the 20 beds available within that unit were being utilised last March. This was despite the fact that 15 people were waiting to be admitted on the day the inspectorate visited that unit. I am sure the Tánaiste will agree that is unacceptable. As recently as December, the mental health inspectors expressed concern over the welfare of a vulnerable child in the Cork area who was admitted to an adult psychiatric unit. They described the appalling situation where the child in question was left isolated in a bedroom, with no therapeutic intervention apart from medication.

What is being done to address the lack of psychiatric units for children and young people? What is being done to ensure child and adolescent psychiatric units have the necessary staff in place to allow the full utilisation of the beds available within those facilities?

The Tánaiste

It is fair to say the area of mental health has been an area of our health services which has not received sufficient attention. This Government, however, has decided to give the issues of mental health a very high priority and has given specific responsibility to the Minister of State, Deputy Kathleen Lynch, to address those issues. She is making very significant progress in improving the mental health services within our health system.

A special allocation of €35 million for mental health was announced in budget 2012. That was used primarily to further strengthen community mental health teams in both adult and child mental health services. Some 414 mental health posts were approved as part of budget 2012 and, as of 30 April this year, 383 posts have been filled, are under offer or are awaiting clearance. In addition, she has also dedicated funds to, in particular, advance suicide prevention initiatives and she has been working on that issue. She is taking the lead in committing to implement the recommendations of Reach Out, which is a national strategy for action on suicide prevention.

Right across the whole mental health area, a very significant amount of progress has been made by the Minister of State, Deputy Lynch. She is continuing, together with the Minister, Deputy Reilly, to work on the development of our mental health services, to give them the priority they deserve and to address the continuing challenges which we all acknowledge exist in the mental health area.

Deputy Jonathan O'Brien

I thank the Tánaiste for his reply. He mentioned the 414 posts due to be filled and said that as of April 383 of them had been filled. When is it hoped the full allocation of posts will be completed? Also, it does not take into account retirements within that sector; therefore, I would be interested in knowing the net figure.

The Tánaiste mentioned the issue of suicide. I am sure he is aware of the recent report published by the charity 3Ts which made for shocking reading. Some of the statistics within it were very worrying. It indicated that Ireland had the fourth highest suicide rate in the European Union for those aged between 15 and 24 years. It is simply unacceptable to have a situation where facilities in place to help young children and adolescents suffering from mental health issues are not fully utilised. Does the Tánaiste accept that more needs to be done in providing counselling services for those at risk and their families, as well as the provision of information and education services? Can he give a commitment that the provision of funding for suicide prevention measures and mental health care services for young children and adolescents will be made a priority in the upcoming budget?

The Tánaiste

The question is in two parts. In respect of staff numbers, of the 414 posts approved in budget 2012, 383 have been filled, are on offer or are awaiting clearance. Progress is being made on the remainder. In budget 2013 a further €35 million was allocated for the development of mental health services. This includes the recruitment of 477 additional staff to implement these measures. I understand the HSE is making arrangements to commence the recruitment process very soon.

I welcome the Suicide in Ireland survey which was published on Monday. It is certainly a very welcome contribution to the debate on suicide. Some of the funding to which I referred will be used to advance further suicide prevention initiatives and initiate the provision of psychological and counselling services at primary care level specifically for people with mental health problems. The Minister of State, Deputy Kathleen Lynch, is committed to implementing the recommendations of the national strategy for action on suicide prevention. I am happy to be able to inform the House that the National Office for Suicide Prevention has implemented most of the recommendations in the strategy and reviewing its current activities to make the most of the available resources, including looking at best practice internationally.

Priority suicide prevention initiatives identified for this year include further development of existing national mental health awareness campaigns to promote help seeking, increased training for GPs and practice staff; building the capacity of communities to respond to suicide; implementation of the clinical care programme on self-harm which will include the funding of nursing posts within hospital emergency departments; training of acute hospital staff in suicide and self-harm intervention measures; the development of the SCAN model which allows for crisis interventions at primary care level; and continued investment in voluntary agencies providing services.

The annual budget for suicide prevention initiatives increased in 2012 to over €12 million. A total of €7.1 million is administered by the National Office for Suicide Prevention. This includes an additional €3 million from the special allocation for mental health services used to fund voluntary and statutory agencies delivering services in the areas of prevention, intervention and research. The remaining €5 million is available regionally to fund resource officers for suicide prevention, self-harm liaison nurses in hospital emergency departments and local suicide prevention initiatives. In 2013 a further €1 million is being provided for the National Office for Suicide Prevention, bringing the total available to over €8 million. A special programme of measures to further advance suicide prevention in 2013 is being developed and will be announced by the Minister of State.

Deputy Mattie McGrath

Ar an chéad dul síos, I offer my sympathy and that of the Technical Group to the community of Woolwich in south London and voice our revulsion at what happened yesterday.

We have heard much in the past few days about the need for accountability and transparency in Irish politics, especially at ministerial level. We have heard the Minister for Justice and Equality say time and again that it was his judgment that it was both necessary and in the public interest for him to point out that Deputy Mick Wallace had been a beneficiary of discretion exercised by An Garda Síochána. The Minister also said he made the point not to make a political charge or for any personal benefit but to defend the integrity of An Garda Síochána. It is in that context and strictly with these concerns in mind that I ask the Tánaiste to inform the House if either he or the Taoiseach is aware whether the Minister was stopped at a Garda checkpoint in Dublin in late February or March 2011. This was in the intervening period between the general election and shortly before his appointment to the august office of Minister for Justice and Equality. Is the Tánaiste or the Taoiseach aware whether he was cautioned on that occasion by a garda at the checkpoint under the Road Traffic Act 2010 or whether the gardaí used their discretion on that occasion? This would seem to have a very high bearing on the debate. Are they aware whether he was asked to produce a breath specimen under the mandatory breath testing provision contained in the Road Traffic Act 2010, whether his behaviour and reaction to this request was appropriate and cordial, whether he attempted to use the privilege of travelling to and from the Dáil as a means of avoiding giving a breath test or being stopped at a Garda checkpoint and whether he gave a breath specimen on that occasion? Finally, will the Tánaiste, in the public interest and to facilitate greater transparency, call on the Minister to make available immediately the Garda report which exists into that incident?

The Tánaiste

I have no idea if the Minister for Justice and Equality was stopped by gardaí before or after the general election. How would I know that? The only thing I can say to the Deputy is that I remember being stopped and breath-tested at Galloping Green on my way home one night. Happily, I passed it. I was stopped on another occasion at the Loughlinstown roundabout. I can account for myself, but I certainly cannot account for when any other Member of this House, or a member of the public for that matter, was stopped by gardaí, breathalysed or cautioned. As we discussed here in the past couple of days, that is a matter between the Garda and the individuals concerned. I have no idea what the Deputy is talking about.

Deputy Mattie McGrath

I thank the Tánaiste. I do not raise it as a joke and think the Tánaiste is missing the point. It is the Minister for Justice and Equality we are talking about because of the events since he was appointed Minister for Justice and Equality and the way he has treated the public and An Garda Síochána. The events of last week involving the fixed penalty points controversy highlighted the principle that there must be one law in this country that is applied to all citizens. They also highlight the ongoing need to restore and maintain public confidence in the institutions of the State - that is a duty of the Tánaiste - and not to allow a perception to develop that there are complete double standards operating here. I hope the Tánaiste thinks it is funny, like many other things happening to this country that the Government seems to think are funny and the misery into which people are put. I do not expect him to know, but I would expect him to inform himself, to ask the Taoiseach to inform himself and to ask the Minister to come before the House again to make a statement to clarify the matter and to make the Garda report available.

The Tánaiste

I do not have any information in relation to the matter raised by the Deputy. With regard to the contact of the public with the Garda Síochána, road traffic matters are where most people come into direct contact with the enforcement of the law. The first critical issue is that the law is applied fairly and evenly to everybody. Second, as we have discussed here on a number of occasions, there is a discretion - a judgment and a common sense approach - which gardaí are expected to take and which, by and large, they do take in how they apply the law. It is appropriate that continues, including in the context of the fixed penalty points regime. It is also important that there is general confidence that the law is being enforced in an even-handed way and that there is not any special treatment for some people as against others. This is a very important principle that needs to apply. Third, as has been aired in this House over the course of the past number of days, there are also issues of privacy that arise in this case and not just privacy with regard to any contact or reports that the Garda Síochána gives to Ministers or whatever, but also privacy with regard to some reports that appear in the public domain from time to time and one can only wonder where they have been sourced. It it important to bear those principles in mind and to ensure there is public confidence in the application of the law, particularly in this area of road traffic offences which is the main area where most people encounter the enforcement of the law and have direct contact with members of the Garda Síochána.