Dáil Éireann Debate, Thursday - 29 June 2023
390. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth when his Department was first notified of instances of sexual exploitation of children in care; the measures taken to ensure the safety of children in care from sexual exploitation; when those measures were first implemented; and if he will make a statement on the matter. [31784/23]
View answerTusla has a statutory obligation to notify An Garda Síochana of all incidences of suspected child sexual exploitation, including those relating to children in the care of the State. An Garda Síochana lead the investigation into these notifications. Consequently, Tusla liaises closely with Gardaí, and also has an assigned Principal Social worker based with Garda National Protective Services.
In relation to the recent study published by University College Dublin, entitled ‘Sexual Exploitation of Children and Young People in Ireland’, my Department was informed of the publication of the report on the day prior to publication.
Children in the care of the State are some of the most vulnerable individuals in our society. Tusla, the Child and Family Agency, and my Department are committed to promoting safe and high quality practice in all areas of Alternative Care. This is achieved through the application of Regulations and Standards that govern the placement of children and young people.
The Child Care Act 1991 is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. It sets the legislative provisions in relation to taking children into care, and the responsibilities of the Sate in that regard, which aim to improve outcomes for looked after children.
The placement of children in Residential Care is governed by the National Standards for Children’s Residential Centres 2018, and underpinned by the Child Care (Placement in Residential Care) Regulation 1995, and the Child Care (Standards in Children’s Residential Centres) 1996. Similar frameworks of standards and regulations also exist in relation to foster care and special care. All settings are inspected against the relevant standards and regulations.
While the issues raised in the report in relation to the potential sexual exploitation of children by organised groups of predatory men in our society are concerning, a number of key developments have recently taken place to assist with the reporting of child sexual exploitation. These developments include the following:
Tusla implemented its Child Exploitation (CSE) 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, with regular meetings by Tusla local area and also by Tusla’s national children’s residential service with An Garda Síochana in respect of child sexual exploitation referrals. In addition, each Tusla area implements its own local area management meetings with local Garda divisional child protection units to review progress on Garda notifications;
Additionally, Tusla has established an anti-trafficking working group in readiness for the Department of Justice, National Action Plan for Human Trafficking which includes the area of child sexual exploitation.
My Department has recently established jointly with Tusla a working group looking at institutional and organisational abuse. This work is ongoing, including reviewing criteria for definition of such abuse and 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 Health Service Executive 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, which are expected to be introduced in the coming months.
My Department is also leading an inter-departmental 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.
Where there may be child welfare concerns the onus falls on all of us to report concerns that a child may have been, is being, or is at risk of being abused or neglected. Tusla has developed a comprehensive referral system through which organisations, the public and mandated people can share their concerns for a child potentially at risk of neglect or abuse.
It is not necessary to prove that abuse has occurred to report a concern to Tusla. All that is required is that there are reasonable grounds to believe such abuse is taking place. It is Tusla’s role to assess the information that it receives with any other available information. A child protection assessment will be carried out where risk is identified.
Finally, in relation to responding to the UCD study, my Department will ask Tusla to liaise with An Gardaí Síochana in relation to the issues raised in the study’s findings. In addition, my Department will continue to work closely with Tusla's senior management team on the safeguarding framework for all children in care, including in residential care to ensure that the framework continues to be sufficiently robust to protect children from evolving risks.
