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Dáil Éireann díospóireacht -
Thursday, 15 Nov 1979

Vol. 316 No. 11

Ceisteanna—Questions. Oral Answers. - Dependent Children.

26.

asked the Minister for Justice if it is proposed to make definite arrangements with welfare agencies, health boards and corporations, to ensure that the new directive to the Garda in relation to dependent children will be effective, if there will be regular reports or a monitoring structure to ensure the implementation of that directive and, if not, how it will be assessed.

27.

asked the Minister for Justice if it is his intention to bring to the notice of all district justices throughout Ireland the existence of the new arrangements in relation to the automatic granting of an adjournment on remand on the request of an arresting officer, particularly in relation to cases involving itinerant children and, if not, the method whereby district justices will be made aware of the new arrangements.

28.

asked the Minister for Justice if the new directive in relation to the question of itinerant and other dependent children at risk are proposed to be extended throughout the State or are valid only in Dublin.

29.

asked the Minister for Justice if the up-dated instructions to the Garda in relation to dependent children refers only to female defendants and the proposals, if any, extending these instructions to include adult males, who are on occasion the sole support of small children.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 26 to 29, inclusive, together.

In 1976, as a result of representations received from the National Council for Travelling People relating to problems affecting itinerant children, the Garda authorities issued instructions to the force in the Dublin Metropolitan Area to the effect that, when an itinerant parent was detained, and had or was believed to have one or more children who might be in need of care, the garda responsible for the detention should notify either the local itinerant settlement committee or their social workers, the child welfare service of the local health board or the local ISPCC inspector so that the interests of the child or children could be looked after. Some two years later, that is last year, further representations were received suggesting that, where an itinerant woman comes before a court and the situation vis-à-vis child dependants is not known, the garda should request the court to grant an adjournment of the case until the domestic situation could be properly ascertained. This was agreed and, on this occasion, the relevant instruction was issued to the entire force.

Following recent discussions between my Department, the Garda Síochána and the Department of Health, the Garda authorities will now be issuing revised instructions to the force. Briefly, these revised instructions will be to the effect that, where any adult itinerant is detained in any part of the State, the director of community care of the local health board should be informed immediately, to enable him or her to ensure that itinerant children whose parents are detained are not left at risk. The effect of this is to substitute the Director of Community Care for the various other agencies who have heretofore been notified. It will be for the Director of Community Care to deal with the matter from that point onwards and to decide what other agency, if any, need be notified in the particular case. No distinction is being made in the notification between men and women who are detained and the Garda will be giving the notification irrespective of whether they have reason to believe there are dependent children or not.

The question of arrangements with local authorities or other outside agencies to ensure that the Garda comply with instructions given by their own authorities would not arise. The Garda authorities will make their own internal arrangements, as is normal, to check from time to time that their instructions are carried out.

It is not proposed, at present at all events and until further experience has been gained, to ask for adjournments as a matter of course in respect of all adult itinerants, as this is not considered to be necessary and could in other respects be seriously detrimental to the administration of justice. Such requests will be made primarily in respect of women, but will also be made in respect of a man if the gardai know or have reason to believe that he has dependent children who might be at risk if he is imprisoned. I should make it clear, however, that any instructions of this kind are intended to apply only in what I might call normal situations. The Garda could not undertake to ask for an adjournment, leading to a release on bail, if the accused person is thought to be unlikely to turn up for trial, at all events if the crime with which the accused is charged is a serious one. In such circumstances, some other appropriate ad hoc arrangements would have to be made.

The adjournment of court proceedings is solely a matter for decision by the courts and it would not be appropriate for me to communicate with district justices in the manner proposed in one of the questions. The legal position is that a court is asked for an adjournment, not told. It may be taken, however, that in seeking adjournments in situations such as those I have outlined, the garda will arrange that all the relevant circumstances are brought to the notice of the court.

That is satisfactory and is a marked improvement. In relation to the little grey area, where the Minister indicated there would not be an automatic request for an adjournment, is there some other way whereby there can be an automatic copperfastened procedure that, regardless of what an itinerant parent tells a garda about the existence of children there is an inquiry about whether or not there are children in existence rather than a presumed belief on some information which the garda has got?

I assure the Deputy that in cases such as this, in the determination of responsibility of the male adult before the court, gardaí would not rely on hearsay but would make a proper investigation into the circumstances so that the correct facts are put before the District Justice.

In every case?

Is there procedure whereby the District Justice will know of those regulations and amendments and will be familiar with the thinking behind them?

I would like to assure the Deputy that no Minister to my knowledge has been in a position——

I am not suggesting that the Minister should tell them how to do their job.

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