Dáil Éireann debate -
Thursday, 22 Jun 2023

Vol. 1040 No. 5

Saincheisteanna Tráthúla - Topical Issue Debate

Care of the Elderly

Deputy Fergus O'Dowd

I welcome the Minister of State, Deputy Butler, and acknowledge her interest in care of older people. My criticisms are not of the Minister of State personally but of the Government, Government policy, the lack of delivery and the lack of hope for people.

At 3 a.m. on 3 April 2020, a most appalling and evil act was perpetrated upon an elderly lady who was a full-time resident in a nursing home. On 30 July 2020, a court case took place and I welcome the fact that it was speedy and that an appropriate 11-year sentence was handed down to the perpetrator. On 5 August 2020, a few weeks after the court case, HIQA visited the nursing home in question. I am not going to name it because of the sensitivities of other people involved. As I said, HIQA went there and one of the reasons it did so was that it had received notifications concerning the protection of residents. This was after the court case and after the 11-year jail sentence was handed down. HIQA deemed that the home, in terms of the protection of residents, was - believe it or not - compliant. HIQA said there was evidence to show that where allegations of abuse were made, the provider acted according to best practice in ensuring that the alleged victim was prioritised, protected and provided with the necessary levels of support. The provider was "keen to learn from instances where allegations were made". The fact is that on the files of that nursing home, as I understand it, there are at least seven other cases of allegations of rape or sexual interference. There was medical evidence that there was vaginal bleeding and infections. There was evidence that this lady and other people in this nursing home had serious medical issues as a result of the allegations that they made, which were not believed at all. This does not seem to have been looked at by HIQA when it went into the home. How in the name of God can HIQA give a "compliant" report to a nursing home when somebody working there had been given an 11-year jail sentence for raping a woman? The files, which were not looked at by HIQA or shown to it, show that a significant number of other people were abused.

I have a number of questions but I appreciate that the Minister of State may not have the answer to all of them today. HIQA says that it looked at 21 files. How many files were in that nursing home? Were there any files of females who had been living there while the perpetrator was employed there that were not looked at? That goes to the heart of the weakness in the system, which the Government, the Minister of State and I, as a Deputy, want to protect people. There are more than 500 nursing homes here and 31,000 people will sleep tonight in those homes but we have not guaranteed their safety. We have not ensured their protection. HIQA, for whatever reason, gave this nursing home a clean bill of health in its report without knowing the full facts. The facts are, according to a reply to a parliamentary question, that in 2020 there were 18 sexual abuse allegations in relation to nursing homes and centres for people with disabilities and 14 further allegations in 2021. Was HIQA notified of those sexual abuse allegations? If so, why did its inspectors not know about it? If HIQA was not notified, why did its inspectors not look at the files when it went into the nursing home?

There is a serious deficit in relation to the powers of HIQA and the unacceptable outcome of its inspection, where it gave a nursing home a "compliant" report when clearly the home was not. Huge evil was uncovered at the time that HIQA inspectors were in that nursing home.

Minister of State at the Department of Health (Deputy Mary Butler)

In the three years that I have been coming into the Dáil as Minister of State with responsibility for older people, this is one of the most difficult days for me, to come in to discuss the rape of an elderly lady in long-term residential care, her home from home.

I thank Deputy O'Dowd for raising this matter and for his constant advocacy for older people in long-term residential care, which I really appreciate. I am really upset and devastated that "Emily" was failed in this way. She and her family made the difficult decision to seek nursing home care, where she should have been safe but this was not the case. I am thinking of Emily's family, as is everybody, and all the other families who will be traumatised by the issues raised in this report. This has caused huge upset. Today, I want to acknowledge and think of her. It was due, in the main, to the bravery of Emily that the perpetrator of this despicable crime was arrested quickly following the incident, convicted in 2020 and sentenced to 11 years in prison.

Our primary focus must be the safety, protection and well-being of those in our care and to reassure them and their families that we are doing all that we can do to safeguard them from harm and abuse. The HSE has commissioned two separate examinations to date, one through the HSE safeguarding structures and one through the national independent review panel. As the HSE has said, both of these processes have identified a number of deeply concerning issues. I welcome the HSE's unequivocal apology for the failures in Emily 's care. I also note and very much welcome the decision of the CEO of the HSE to appoint a safeguarding expert from another jurisdiction to support the HSE's considerations of the issues arising, both in terms of the facility in question and also, importantly, for the wider context of all those we care about. It is important that we allow time for this process to take its course. I am really sorry.

An Cathaoirleach Gníomhach (Deputy James O'Connor)

Minister, I acknowledge the severe gravity of the subject. If you want to take a moment to compose yourself, I can ask Deputy O'Dowd to respond.

Deputy Mary Butler

No, I am fine. I would like to assure the Deputy that my Department is engaging closely with the HSE to ensure that this is undertaken in a timely and comprehensive manner.

There is already a strong framework of standards, policies and procedures in place across the health sector for the safeguarding of adults who may be at risk of abuse, harm and exploitation. In addition, the current HSE adult safeguarding policy addresses every form of abuse, including sexual abuse. The HSE's adult safeguarding policy includes a zero tolerance approach that requires staff to report all abuse concerns, criminal or otherwise.

Nursing homes are required today to have in place policies and procedures to ensure residents are protected from abuse. They are also required to provide training for staff to ensure they can recognise, respond to and report any suspected abuse allegations. If immediate risks to the safety of residents are identified, they are expected to take action and prevent a recurrence. That did not happen in this case. Residents did not have their voices heard. There were other women apart from Emily and we do not know if they went through the same thing. This can also include, where required, a referral to An Garda Síochána. Nursing homes are also required to notify the chief inspector of HIQA of any suspected or alleged actual abuse within three days.

The Deputy will also be aware that I moved to introduce a patient advocacy service and it commenced its phased roll-out to private nursing homes in December 2022. It has been focusing on raising awareness of the services it provides in nursing homes nationwide.

The voice of those living in nursing homes must be heard.

Deputy Fergus O'Dowd

I thank the Minister of State and acknowledge, as I stated at the outset, her absolute commitment to her work. I support her and believe she is doing her best, but the Government is not doing enough. I wish to make that clear. Where is the commission on care that was promised in 2020? There is no sign of it. Where is the commissioner for older people? There is no sign of him or her. I know these are rhetorical questions. Where is our care and concern? There is no justice or closure here.

I refer to a lady whose husband died of sepsis in a nursing home after a head wound became infested with maggots. She has received no justice. I asked the Minister for Health, Deputy Donnelly, whether he was aware of the case and if he could confirm it had been referred to the Garda. The reply stated: "I have not been made aware of any referral of the nature referred to by the Deputy." I am deeply unhappy with the Minister for Health and the Government for not doing enough to protect the vulnerable in society and stand up for them like the Minister of State, Deputy Butler, does. I acknowledge the pain and hurt caused to those families.

Imagine if somebody in your family was raped. These were vulnerable elderly women. How more vulnerable can you be than having some evil monster coming in to do that to you in the middle of the night during a Covid pandemic? I would like the House to have a proper debate in the next week or so on all these issues. I want the Government to do the job it promised to do but is not doing. These people are not being protected enough, notwithstanding my concern and that of the Minister of State. We need the Minister of Health to come to the House to account for his lack of action on and attention to the care and welfare of older people in society. I condemn him for not standing up for them and not fulfilling the programme for Government.

Deputy Mary Butler

Adult safeguarding is an important matter for all of society and all agencies and Departments. On Tuesday night, I read the full report into what transpired in that nursing home. I would not ask any of my colleagues to sit at 11 o'clock at night and read a report like that. It was very distressing.

I wish to be clear that relevant legislation is in place and applicable across all sectors. There are structures and processes in place to protect against abuse and ensure prompt action in the health and social care sector and additional policy development is under way. The HSE adult safeguarding policy includes a zero tolerance approach that requires staff to report all abuse concerns, criminal or otherwise. When matters of a criminal nature arise, An Garda Síochána should be informed in addition to HSE safeguarding and protection teams. The abuse of a person who is in the care of the State is completely unacceptable and must be condemned unequivocally.

Two reviews have already been undertaken by the HSE. I note that Bernard Gloster, CEO of the HSE, stated, "I am not satisfied we yet fully understand all of the issues in this facility [that is a powerful statement] or indeed for those arising for the wider care context." I welcome his decision to commission the services of a safeguarding expert from another jurisdiction to support the HSE's further consideration. As I stated, my Department is finalising a draft national policy on adult safeguarding in health in order to strengthen the current framework.

Even if that legislation was in place, however, I do not know how we could stop a person who wants to commit a crime like that. I refer to the culture that was in place in the context of that particular incident. The most important thing for me is that the voice and choice of older people will be heard. You can speak forever but it does not good unless you are listened to. You have to be listened to. It relates to the culture. There were other people who raised concerns. The report states that those in question may have had delirium, dementia or a urinary tract infection but the signs were there. As a result, after what happened to her, Emily did not get to enjoy her last days and her family did not get to enjoy them. There is absolutely no tolerance of this by anyone in the House or in society. You cannot have a situation like that. I am sorry for getting upset. I know we are all together on this and want to see the best for older people. There are 22,500 people in nursing homes today under the fair deal scheme. There are another 31,5000 people in long-term residential care. We all have to know they are protected and supported and living out the best days of their lives. I apologise for going over time.

An Cathaoirleach Gníomhach (Deputy James O'Connor)

That is no problem, given the gravity of the topic. I am sure all present agree it deserved the time. I thank the Minister of State.

Job Losses

Deputy Cian O'Callaghan

As the Minister of State, Deputy Richmond, who is present, is aware, Iceland workers arrived at work yesterday morning to find the stores shuttered without any explanation from the employer. A woman with seven years of service turned up for work but was locked out. This happened after months of chaotic working conditions and uncertainty. The air conditioning had been turned off, leading to unbearable conditions, with workers operating in sweltering conditions of more than 35°C. Workers in Coolock, in my constituency, had to engage in a sit-in just to get basic assurances about having their rights met. What action is the Government taking to support the Iceland workers and to ensure they get everything to which they are entitled? What action is being taken to ensure these kinds of wild west practices do not spread and are not pursued by other employers? From his engagement with Iceland, is the Minister of State aware of any further planned store closures in the coming days and weeks? Did he know about the food safety issues when he met Iceland representatives on Tuesday, 13 June?

Deputy Joan Collins

Since the retailer Iceland in February sold its 27 stores to Project Point Technologies, a company directed by Naeem Maniar and with an address at 5 Old Dublin Road, Stillorgan, County Dublin, the workers in Iceland have experienced wage theft and deplorable conditions. As Deputy Cian O'Callaghan stated, the temperature in some stores was very high. The matter was raised in the Chamber a number of times, including by Deputies O'Reilly and Bríd Smith and possibly by Deputy O'Callaghan. I raised it two weeks ago during questions on policy or legislation. The Government was aware of the issue. The Minister of State was supposed to have a meeting with the company. Did that meeting happen? How long has he been aware that the situation in the store could come to this point? On 19 May, workers in Coolock downed tools and took strike action to raise the issue. That store is now among those that have been closed. There is a question mark over why that is happening. Metron, the company that was also represented by Iceland before Iceland England took over, is now the one that is insolvent and in debt for €37 million. I want to know more about that background.

Deputy Louise O'Reilly

Since the company Iceland was taken over by new management in February, there have been significant and sustained allegations of poor management, lack of communication and, in some instances, intimidation of workers. Some stores are now closed. Workers in other stores want to know if the Minister of State knows whether they will be in work tomorrow, next week or the week after that. We need to support these workers. The Minister of State needs to do all he can to protect these jobs. In February, it was reported that the new company operating Iceland was Project Point Technologies.

The name of the person behind that company is Naeem Maniar. That person perviously owned Iceland's Irish franchise until an examiner was appointed by the High Court in 2015. Within five months of the person taking back control of Iceland, the store is in examinership again. Confusion arises because a company called Metron Stores Limited has being responding to queries on behalf of the Iceland Irish franchise and is now purported to be the operator. Who is really behind the company? If the Minister of State knows, I ask him to share that information with us. Furthermore, the person appointed to deal with the current interim examinership proceedings is the same individual who dealt with Iceland's 2015 examinership. Just last month, a judge stated that he was sceptical of a petition being brought by this individual seeking an examinership bid for two Russian-owned firms. Indeed, the UK company, Iceland Foods, says it was surprised to learn that Iceland Ireland had gone into examinership. Iceland Foods would have some knowledge of these matters.

On my behalf and that of the workers, who want to know what the position is, I would be grateful if the Minister of State could share what information he has, give any comfort he can and, more importantly, tell us what is being done to save the jobs and ensure the future of this company is secure.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Neale Richmond)

I thank all three Deputies for submitting this timely matter. I underline from the get-go to those Deputies who have spoken outside this Chamber and repeatedly in it on this issue that I very much hope we can work as collectively as possible. First and foremost, I am concerned about the Iceland workers who are facing into this serious period of instability. I share their concerns and fears. I hope we can work together as best as possible to allay those concerns and fears and, indeed, to save jobs, where possible. The Deputies will appreciate that this is a live legal issue. As a result, I am slightly limited in what I can say. I will answer the questions in as fulsome a way as possible over the next three and a half minutes and give a little more background, if that is agreeable. We can then deal with anything else it is possible to comment on by means of replies to supplementary questions.

I am aware from media reports that an interim examiner has been appointed by the High Court to Metron Stores, which operates the Iceland stores in Ireland. Examinership is the main corporate recovery process for companies in Ireland. The court-supervised process is available to insolvent companies that have a reasonable prospect of survival. An examiner’s primary duty is to rescue a company. Their role in the process is to assess a company’s viability, attempt to secure investment, and formulate proposals for restructuring while a company continues to trade during a protection period. This period of up to 100 days provides some breathing space. An examinership is a court-supervised process. It is important, therefore, not to prejudge the outcome. It would be inappropriate for me to comment on this specific examinership case. I hope that is appreciated by the Deputies.

I am also aware of reports that employees of Iceland Ireland have experienced problems in getting their correct and full pay in recent weeks and that issues have been raised regarding the working conditions in certain stores. These issues have been raised by Deputies O'Reilly, Bríd Smith, Joan Collins and Cian O'Callaghan in the House in the past month. However, I want to emphasise that Ireland has a robust suite of employment rights legislation in place to protect and support workers, including in relation to the payment of wages, minimum notice and consultation where collective redundancies are contemplated by an employer. I expect, as does the Government, all employers to comply with their obligations in this regard. Where employees believe their employment rights have been breached, they have the right to refer complaints to the Workplace Relations Commission, WRC, for an adjudication and possible redress. The WRC is independent in the performance of its functions and l cannot comment on matters which may have been referred to it as this point.

One the specific questions posed by Deputy Cian O'Callaghan related to closures, when I met with Iceland executives, that matter was not raised. In addition, issues relating to food safety had not arisen at that stage. They were raised subsequent to the meeting.

Deputy Joan Collins asked if we raised concerns. As I stated, during that meeting I repeated the issues that had been raised in the Dáil by her, Deputies Cian O'Callaghan, O'Reilly and Bríd Smith and others. I underlined the Government's expectation that all employers should meet their legal and statutory requirements as per the law of the land.

Deputy Cian O'Callaghan

I thank the Minister of State for the response. I have three specific questions. What is the Minister of State doing to save the jobs of the Iceland workers? What is he doing to ensure that these workers get the pay they are owed? It is simply not acceptable for workers to be treated in this fashion. Has he received any assurances regarding the stores that have not been closed? Has he sought any assurances in that regard, and that the jobs involved will be retained and those stores kept open? Does the Minister of State have any information on these matters?

Deputy Joan Collins

It was pointed out to me that when the Food and Safety Authority withdrew all imported frozen food from the shelves of Iceland, there were health and safety inspectors literally crawling all over the place the following day. When we raised the issue of wage theft, we did not get inspectors from the Labour Courts in those stores to see what was going on. This just shows what kind of response there has been in respect of the workers. Project Point Technologies shares its address with many of Maniar's other companies. That businessman directs at least 18 of these companies. Ten are named as derivatives of Centz Retail Holdings Limited, which trades as Homesavers. Maniar is also the general director of this retail group. After Maniar's takeover of Iceland's Irish stores, a man called Mr. Priestley sent an email to all the workers saying he was the manager. Iceland Ireland changed its name to Metron Stores Limited. The company's previous directors had resigned and a Ms McCartney was appointed in their place. Ms McCartney, Metron's company secretary, is now Ice Cosec Service Limited, a vehicle that serves as secretary for the Maniar companies. There is something going on in the background here that we have not put our finger on yet.

Deputy Louise O'Reilly

I have written to the Corporate Enforcement Authority to ask that it investigate if there are any potential breaches of company law in this case. Serious questions are arising as to what fitness and probity checks were carried out in respect of the directors. Who is really behind some of these companies? There are names, there are new companies, there is another company, there is Metron, and there is this guy Maniar. Then there are the pseudonyms and the other names people are using. It all comes back to the same company. It all comes back to Iceland, the parent company of which is shocked that it is now in examinership. This is not where it thought it would end up. Given the current situation at the food retailer, the treatment of the workers and the opaque nature of the new ownership, I encourage the Minister of State to also contact the Corporate Enforcement Authority. I will ask the following very specific questions. Is a follow-up meeting with Iceland planned? If so, when will it take place? Rather than waiting for a meeting, will the Minister of State, by means of the good old tradition of a phone call, seek assurances from the company regarding the future of the workers and the stores?

Deputy Neale Richmond

I thank the Deputies for both their supplementary questions and their initial questions. Again, I will answer them to the best of my ability. I do so cognisant of the relatively tight framework in which I need to operate.

On the issue of saving jobs, if a company enters examinership, there is the 100-day period to which I referred to look at restructuring and to make sure jobs can be saved. The Government is quite clear that while it is not involved in that process, it stands ready to assist in any way as per the functions of the State and the power of the agencies available.

On Deputy Cian O'Callaghan's question on pay that is owed, any recourse in that regard would be through the WRC. The Government will ensure that the resources are there for the WRC. It also stands ready to act on any recommendation.

In terms of Labour Court inspections, I acknowledge the point made by Deputy Joan Collins. We need to increase the resources available to allow for an increased level of inspections. This is something that has come up a lot in other areas, but I will bring that back, where it is appropriate for me to do so, in order to underline it as per the comments the Deputy made previously.

Both Deputies Cian O'Callaghan and O'Reilly referred to assurances and potential follow-up meetings. At this stage, I do not think it would be appropriate for me to seek a follow-up meeting with the owners because other processes, such as examinership and possible WRC referrals, have been initiated. If and when it is appropriate, I will absolutely follow up on this, be it by means of an old-fashioned phone call, a set-piece meeting or a letter.

One thing I want to highlight to the Deputies and, indeed, others such as Deputy Bríd Smith who have raised this matter, is that I very much want to keep an open line of communication between the Government and the Opposition. We all have the collective shared intentions in this regard. Obviously, in doing that we have to be cognisant of the restrictions that apply.

I acknowledge Deputy O'Reilly's comments in respect of the Corporate Enforcement Authority. Hopefully, we can keep this an ongoing conversation here in the Chamber or outside, and keep the well-being and the future of Iceland workers front and centre over the coming weeks and months.

An Garda Síochána

Deputy Donnchadh Ó Laoghaire

Mahon is a very proud, strong community. Incidentally, it is a community which has welcomed a number of people fleeing the conflict in Ukraine. I take this opportunity to extend my apologies to Mahon Community Centre, the Mahon Family Resource Centre and everyone involved in the Mahon Welcomes event happening today. I am here because I have a piece of legislation later on. It is a resilient community and has responded well to this crisis.

In 2009, there were 31 gardaí in Blackrock Garda Station. In 2017, there were 22 gardaí. On Monday, the website said there were 17 gardaí posted to the station. The complement was effectively reduced by 50% and then by 50% again, almost. Certainly, it has halved over that time. The station has gone from 31 gardaí to 22 to 17 in a little over 13 years. Surely the Minster of State can see that is not anywhere near good enough. As I have already said, Mahon is a proud, active community with a strong voluntary community. Like any community, it has challenges. There have been ongoing issues with criminal damage to the premises of some of the excellent sporting clubs there, like Ringmahon Rangers, Ballinure GAA and St. Michael's GAA. There have been other issues with antisocial behaviour. These are the kind of challenges any community would face, but that these are the Garda numbers allocated to the area is simply unacceptable. It is a serious diminution. The local gardaí, especially the community gardaí, are doing their absolute best, but they are stretched more and more. Garda members are being asked to do the same work, effectively, with much reduced numbers. If other stations are under pressure, Mahon's gardaí are potentially being called out to them. It is hard to know sometimes whether there is always a squad car available at night to respond to things. People have noticed reductions in response times, issues with phone calls to the station and other issues like that. That is not good enough. It is an area that deserves better support than that.

As I am speaking on policing and crime prevention, I take the opportunity to note the fact there have been a number of shocking attacks on taxi drivers over recent months. Taxi drivers do not deserve to be in fear of assault when they are just going about doing their jobs. There were a number of fairly serious assaults. Many drivers do not report them to the Garda because they fear nothing will happen. I encourage anyone, if they can, to report things to the Garda, but the fear drivers have is there will not be a follow-on from it. There have been too many attacks and a number of drivers were injured. Drivers are extremely worried, so I urge gardaí in Cork to engage with the drivers and the National Transport Authority to ensure they are protected in whatever way possible.

Returning to the issue at hand, the drop in numbers in Mahon is enormous. There are other crime prevention resources needed as well for youth diversion and other crime prevention measures. What people especially want to see is gardaí on the street. It is the best way of discouraging crime. I urge the Minister of State to take that back to the Minister for Justice and the Garda Commissioner.

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science (Deputy Niall Collins)

On behalf of the Minister, Deputy McEntee, I thank the Deputy for raising this matter in the House. As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of Garda business, which includes the allocation of Garda resources. The Minister for Justice has no direct role in this operational, policing matter.

The Government is committed to creating stronger and safer rural and urban communities and a strengthened Garda Síochána is at the heart of that. The Department of Justice is committed to ensuring An Garda Síochána has the resources it needs, with an unprecedented allocation provided in budget 2023 of more than €2 billion. In addition to new recruits, the ongoing roll-out of the new Garda operating model will support the redeployment of gardaí from non-core duties to front-line policing. The new model will see larger divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services and a strong focus on community policing.

Mahon is currently serviced by Blackrock Garda Station. I am advised by the Garda authorities that Blackrock, Anglesea Street and Bridewell Garda stations are now incorporated under one functional area as part of the new Garda operating model, namely, Cork city centre community engagement. I am informed by the Garda authorities that, as of 31 May 2023, the latest date for which figures are available, there is one sergeant and 16 gardaí assigned to Blackrock Garda Station, two of whom are community gardaí. Additionally, support is available and provided as required from uniformed or plainclothes resources, or both, from the other Cork city centre community engagement stations, and policing of the area is covered on a 24-7 basis by a mobile unit attached to Blackrock. As of 31 May 2023, there were 705 Garda members assigned to the Cork city division and 112 Garda staff, representing increases of 8% and 90%, respectively, since the end of December 2015. This significant increase in Garda staff numbers enables the redeployment of Garda members from administrative duties to operational policing duties where their training and policing expertise can be employed to best effect.

In 2015, An Garda Síochána launched the highly successful Operation Thor, a nationwide operation established to tackle burglary and prosecute offenders. Operation Thor actively targets organised crime gangs and repeat offenders through co-ordinated crime prevention and enforcement activity based on intelligence and the latest burglary trends. Since its inception in 2015, burglary has been trending downwards, with overall reported burglary in 2022 45% lower than pre-pandemic levels of 2019. I am assured neighbourhood watch is active in the area and local gardaí attend the local community forums, where any issues are discussed in a proactive manner. An Garda Síochána also has a free property recording app. Should any items be stolen, the app provides a way of reporting this to An Garda Síochána and facilitates public sharing of information with the Garda for this purpose. The Department of Justice also provides funding to Muintir na Tíre to cover the costs incurred by community groups in administering the text alert scheme. Text alert enables communities to set up a group to receive alerts advising them of suspicious or criminal activity in their area. As well as ensuring awareness among users of the service, it can also lead to them reporting suspicious activity to the Garda. Further information on the property marking app, text alert schemes and other crime prevention information can be found on the Garda website at www.garda.ie.

Deputy Donnchadh Ó Laoghaire

I appreciate a substantial element of this comes back to the Garda Commissioner, but there is a feeling in Cork that as new gardaí have come out of Templemore over the course of the past few years, Cork has not had a fair shake compared with the other significant urban areas. There are a number of stations - I am sure the Cathaoirleach Gníomhach can think of examples too - that are either at or below the numbers they were at seven or eight years ago, despite the fact Garda numbers have increased overall. It has to be asked how that is happening. There are challenges across the force with retention, but in most places across the country station numbers are up, even if they are marginal. In Mahon they are down very precipitously. The complement has gone from 31 down to 22 and then to 17. The area is down 14 gardaí since 2009. It is true the members are part of the same functional area, but to all intents and purposes they were effectively part of it anyway because they were part of the Anglesea Street subdistrict, so there is no real, substantial change in that. It is just that the model has slightly changed.

What has happened in the Garda district in Cork, much of which is welcome, is that there are new specialist units like the protective services unit and so on. However, the rank-and-file positions in the stations are not being backfilled as people are promoted to the new units. I am not arguing against those units, and the one I mentioned is especially valuable, but those ordinary Garda positions are not being backfilled and too many people are leaving the force. Those are the issues that combine a variety of ways here. I do not believe Cork is getting a fair shake and Mahon in particular is not. That is not fair on the community.

They feel neglected by services in lots of ways, despite the fact there is a very strong community and voluntary ethos there. There are lot of clubs, such as Ringmahon Rangers, Ballinure GAA, the family resource centre and St. Michael’s GAA, that are doing great work but they feel they are not being properly supported in terms of public services. Looking at those garda numbers reducing from 31 in 2009 to 22 in 2017 and 17 this month, it is hard to argue with that.

Deputy Niall Collins

I thank the Deputy again for raising this matter. I want to underline again the Government's steadfast commitment to supporting An Garda Síochána in its critical work at community level via a multi-stranded approach encompassing record funding, targeted policy initiatives and robust legislation. The Department of Justice continues to prioritise the delivery of our new community safety policing via the ongoing progression of the Policing, Security and Community Safety Bill 2023 through the Oireachtas. The establishment of the new local community safety partnerships in communities is the cornerstone of the new policy. This will embody the multisectoral approach to community safety recommended by the Commission on the Future of Policing in Ireland with enhanced responsibility for wider public services and communities. Three local community safety partnerships are being piloted in north inner city Dublin, Waterford and Longford. The aim of these partnerships is to ensure that local communities and service providers work together to identify the actions needed specific to their local community to ensure that it is a safe place to live, work in and visit through the development of a community safety plan. The intention is to roll out local community safety partnerships nationally following the enactment and commencement of the Policing, Security and Community Safety Bill. An Garda Síochána will play a vital role in delivering this enhanced approach in community safety in local areas. The Minister, Deputy McEntee has every confidence in the Garda Commissioner and his management team to continue to make operational decisions on the best use of the Garda resources available in the interests of all our communities nationwide.

In closing, I point to the Rural Safety Plan 2022-2024, published by the Minister of State, Deputy James Browne. It is the result of strong collaboration between all relevant stakeholder organisations. The rural safety plan brings together the excellent work already under way in respect of rural safety. The vision of the plan is for people and communities in rural Ireland to feel safe and be safe in their homes, their places of work or their local environments. The rural safety plan is a helpful resource for rural communities and supports broader crime prevention and awareness.

Child Abuse

Deputy Bernard J. Durkan

I thank the Acting Chair for allowing me to raise this issue. To say the least this is a very disturbing development. We have all read in the newspapers about the activity of predators who seem to be able to gain access to residential care areas. Alarming is one way to describe this. To my mind it is without precedent. After all, there are several agencies that could have responsibility for dealing with this kind of situation. Were it not for UCD carrying out a report, we probably would not know about it at all. There are serious connotations here for the well-being and lives of the young women and girls who are in the residential care homes. It appears that a number of people, apparently organised, have ready access and seem to be able to come and go at will and are using the residents there for sexual pleasure, for their purposes. The residents were referred to those homes in the first place for care, protection and attention. It undermines public confidence in the level of care and supervision. Some people seem to have had easy access in meeting up and interacting with the residents in the care homes. We heard earlier tonight about various other incidents throughout the country that are abhorrent. This situation is equally abhorrent. Whatever the reason for their being referred to residential care, the young women and girls are as entitled to fair and equal attention to everybody else. They should be free to reside there without threat, without trafficking for want of a better description, and with clear knowledge that there are carers who have their care in mind.

The situation now emerging raises the question as to what else is happening. How could such a thing happen on an organised basis? Who is responsible? To whom now do we refer? First we have to refer to the agencies that referred the women to such institutions. They are supposed to have some knowledge as to how to deal with a situation such as has been reported in the newspapers. How do we know about the next group of people who are likely to be referred to residential care? Who is in charge? Who determines the level of support and comfort that is supposed to be available to people in that vulnerable situation? Why do we not know about these things well in advance?

Such situations arise because something goes wrong. They arise when predators become aware of the possibility of becoming involved for their benefit. When something goes wrong to the extent that nobody is responsible and nobody comes forward and says it should not have happened and that action is being taken to ensure it does not happen again, we have to ask more serious questions.

Deputy Niall Collins

I thank the Deputy for his submission. The Minster, Deputy O’Gorman, given his responsibility for children, is committed to upholding their best interests in all situations. Ireland, like many other countries, has recognised the child’s right to protection from sexual exploitation by ratifying a number of legal instruments, including the Convention on the Rights of the Child and the Council of Europe’s Lanzarote Convention. Tusla completes a notification of any suspected child sexual exploitation to An Garda Síochána. An Garda Síochána leads the investigation into each such notification of child sexual exploitation. Tusla liaises closely with An Garda Síochána and has an assigned principal social worker based with Garda national protective services. Joint close analysis and assessment is made by both Tusla and An Garda Síochána of each notification of child sexual abuse particularly of children in State care.

The Minister, Deputy O’Gorman welcomes the scoping study on the sexual exploitation of children and young people in Ireland conducted by UCD and is concerned about the findings outlined within. I am aware that his Department is working closely with Tusla senior management on the subject of child sexual exploitation and will prioritise a review of the findings of this scoping study and its recommendations in the immediate period ahead. The study is an important piece of research into the sexual exploitation of children by potentially organised groups of predatory men in our society and close liaison into the study’s findings will also take place by Tusla with An Garda Síochána. The Department of Children, Disability, Equality, Integration and Youth will also work with the Department of Justice to review the findings and recommendations of this report.

A number of key developments have taken place in this area in recent years to assist with the reporting of child sexual exploitation. These developments include the following. Tusla implemented its child exploitation procedure in 2021, in partnership with An Garda Síochána, which provides Tusla staff and carers with information on how to recognise indicators of child sexual exploitation, how to make appropriate referrals and how to respond to cases where children may be at risk of sexual exploitation. The joint working protocol between Tusla and An Garda Síochána forms a critical part of the responses to child abuse and neglect, particularly in relation to child sexual exploitation. Tusla has established an anti-trafficking working group in readiness for the Department of Justice national action plan to prevent and combat trafficking of human beings, which includes the area of child sexual exploitation.

Recently, the Department of Children, Equality, Disability, Integration and Youth and Tusla jointly established a working group which looks at institutional and organisational abuse. This includes reviewing criteria for a definition of such abuse and also reviewing further supports and guidance for staff around any potential indicators of child sexual exploitation of children in State care. In addition, Tusla is taking a range of initiatives jointly with the HSE on information, research and guidance on how to identify child sexual exploitation. Children First Information advisory officers are developing a range of new procedures regarding online safety. These are expected to be introduced in the coming months. The Department of Children, Equality, Disability, Integration and Youth is also leading an interdepartmental group on the national implementation of Barnahus, which is a multi-agency approach to the provision of intervention and services to children subject to child sexual abuse. A pilot has been operational in Barnahus, west Galway, for the past number of years, with additional centres planned to be established in the east and south of the country. I urge anyone who has a concern in respect of child sexual exploitation to report the matter either to Tusla or An Garda Síochána.

Deputy Bernard J. Durkan

I thank the Minister of State for his detailed reply. The Minister, Deputy O'Gorman, contacted my office to indicate he was unable to be in attendance, and I accept that. This issue is serious and needs to be dealt with as quickly as possible. Action needs to be taken as quickly as possible as well. I note the reference to a number of agencies that have responsibilities. That is the worst possible situation, where a number of agencies confer together to ensure they provide the best possible service arising from their conference. The situation is wholly unacceptable because no one person or organisation is responsible and no one report is made to an agency, person, individual or court. Nobody does that.

When children or women are under its care, the State has an obligation to ensure that the most rigid rules apply. No predator, young or old, has the right to take poetic licence to make, abuse or bypass the law of the land to get self-gratification in a particular situation, such as has been described.

I accept the Minister of State is bona fides in relation to this matter but let us not forget one thing. All men, women and children have parents and there is a concern among parents. Somebody may ask how these young women arrived in care homes. They arrived for different reasons. They have been referred to care homes, presumably by the HSE or in some cases by the courts. I am not so certain but one thing that is certain is that something must be done urgent. When we wake up tomorrow morning, and they all wake up tomorrow morning, there must be a new rule on the door, one which says "You shall not pass here; this will not continue." I thank the Minister of State again for his comprehensive reply.

Deputy Niall Collins

The Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, as the responsible Minister, welcomes the important research to which I referred. His Department and the Department of Justice will work together to review the matters raised and the recommendations set out. As I mentioned, Tusla and An Garda Síochána will also review the findings outlined in the report. While a number of developments have taken place in recent years to assist with the identification and reporting of child sexual exploitation, the Department of Children, Equality, Disability, Integration and Youth will continue to work closely with Tusla on this important issue.