Dáil Éireann Debate, Tuesday - 10 December 2013
86. Deputy Mick Wallace asked the Minister for Justice and Equality when he will provide the Ombudsman for Children with powers under section 42 of the Garda Síochána Act, as amended, to allow her to commence her independent investigation into actions by An Garda Síochána in the Roma children controversy; and if he will make a statement on the matter. [52663/13]
View answerI can inform the Deputy that the required Order under Section 42 of the Garda Síochána Act 2005, to allow for Ms Emily Logan to conduct an independent Inquiry into these events has been made. This Order has been made by way of a Statutory Instrument entitled "Garda Síochána Act 2005 (Section 42)(Special Inquiries Relating to Garda Síochána) Order 2013" notice of which will be published in Iris Oifigúil. It is also my intention to lay the Order before the Houses of the Oireachtas.
Section 42 of the Garda Síochána Act 2005 provides significant powers for the carrying out of Inquiries. Under the provisions of that Section, Ms Logan can require a member of An Garda Síochána, or any other person, who possesses information or possesses or controls a document or thing that is relevant to the inquiry to provide the information, document or thing to her and, where appropriate, she may require the member or other person to attend before her for that purpose. The Section also provides strong powers to compel, if necessary, persons to cooperate with the Inquiry. The Deputy will be aware that Ms Logan has been furnished with a copy of a Report on these matters which was submitted to me by the Garda Commissioner.
The Terms of Reference for Ms Logan's Inquiry are set out in the Statutory Instrument. These are to inquire into the events in question having regard to all relevant matters including:
a) The information available to An Garda Síochána at the relevant times;
b) The nature of any consultation or coordination with the Health Service Executive before or after the exercise of the powers under section 12 (amended by section 7 of the Child Care (Amendment) Act 2011 (No. 19 of 2011)) of the Child Care Act 1991 (No. 17 of 1991) in each case;
c) The systems and policies for the sharing of information between An Garda Síochána and other relevant organisations involved in the events that are the subject of this Inquiry;
d) The systems and policies for ensuring the maintenance of appropriate confidentiality in relation to the utilisation of section 12 (amended by section 7 of the Child Care (Amendment) Act 2011 (No. 19 of 2011)) of the Child Care Act 1991 (No. 17 of 1991);
e) All relevant child protection considerations.
Having now established this Inquiry I think it appropriate that Ms Logan be given the appropriate time and space to undertake her work and I would like to take the opportunity to again thank her for agreeing to undertake this Inquiry.
