Vol. 541 No. 2
94 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the steps taken by An Garda Síochána to ascertain the whereabouts of persons following the abduction of a child (details supplied); the instructions given to members of the Garda Síochána as to the action to be taken should they succeed in tracing the whereabouts of persons; and if all appropriate steps were taken to ensure the child was not at unnecessary risk. [21236/01]
I know that all Members of the House would have been deeply shocked by the events referred to in the Deputy's question and would join me in expressing sympathy, in particular, to the mother of the child involved. The circumstances of the case in question remain under investigation and, pending the outcome of that investigation, there are clearly limits to the amount of detail I can give to the House.
The child in question disappeared from Douglas, Cork on 4 December 1999. I understand, as with all cases of missing persons, the Garda Síochána, upon notification of the disappearance, immediately commenced inquiries and reached a preliminary conclusion that the child had been abducted by her father.
Subsequently, on 7 December 1999, members of the Garda Síochána in Douglas contacted the central authority for child abduction, based in my Department, and outlined the circumstances of the abduction. Through the solicitor of the child's mother, the central authority immediately set about offering the services of the international network of central authorities for the return of the child to her mother, under the terms of The Hague Convention on the Civil Aspects of International Child Abduction. However, it is understood the child's mother decided not to avail of this offer and, instead, engaged the services of a solicitor in England and Wales. I further understand various orders were obtained in the High Court of Justice, family division, in London for the return of the child under The Hague Convention. However, the child was not located in that jurisdiction.
I understand, concurrently, established procedures in relation to missing persons were implemented by the Garda Síochána with regard to this case. These procedures involve the Garda district officer of the area from which a person goes missing taking direct responsibility for the investigation and employing all necessary investigative means, including, as required, the services of all specialist units. Moreover, a Garda liaison officer was appointed to liaise with one appointed family member in order to update the family on any developments that took place.
I am assured by the Garda authorities that, in such cases, the Garda Síochána does all in its power to locate the missing person and that it provides considerable support to the family. Unfortunately, in this case, the child and her father remained unlocated for some considerable time. However, on 30 August last, members of the Garda Síochána visited a house known as Croan Lodge on Coleville Road, Clonmel, County Tipperary. The House will be aware that, in the events which unfolded, the gardaí discovered the bodies of the missing child and her father. Both had received fatal gunshot wounds. The scene was examined by the Garda Technical Bureau and was visited by the State Pathologist, Dr. John Harbison.
In the light of the tragic outcome of this case, the Garda Commissioner appointed a senior officer to examine and investigate all aspects of the circumstances surrounding this incident. It would not be appropriate for me to make any further comment on the detail of this matter pending completion of that investigation.
First, will the report being prepared by the senior officer appointed by the Commissioner of the Garda Síochána be made available to Members of this House? Second, has the investigation which was ordered after the tragic events of 13 August been concluded? Third, does the Minister expect to receive a copy of that report and, if so, when?
As I have said, the Garda Commissioner has asked for a report on this matter. I certainly have not seen the report yet. I will take the advice of the Garda Commissioner on whether a report such as this should be published. It may not be in the interest of the general public that a report dealing with operational matters should be published. I am assured by the Gárda Commissioner that every effort was made by the force to trace the people concerned. There was no stop-go approach. The investigation continued from the moment it was informed of this to the tragic event which occurred in August. Obviously, it is a matter of deep regret to everybody that the terrible incident occurred. The Garda Síochána, for its part, did everything it possibly could. The child abduction branch of my Department did offer its assistance. All I can say is that, if there are any lessons to be learned from this, we will certainly take them on board. However, I stress that the Garda Síochána did everything humanly possible in this case.
Does the Minister agree it is in the public interest that the report being prepared for the Garda Commissioner be published? Will he indicate to the House whether he agrees that such report should be published in the public interest? Second, does the Minister agree that his Department – the child abduction section, as described by him, which acts as the central authority under the Hague convention – had no role or function in the context of a child who is abducted and remains within the jurisdiction of this State? What instructions were given to members of the Garda Síochána on the action to be taken should the child, Deirdre, be found and her whereabouts discovered? Finally, does the Minister agree that the tragedy which took place – an appalling tragedy for the mother of this child and which, I am sure, impacted on members of the Garda Síochána – nevertheless gives rise to a serious question. Was it appropriate that members of the Garda Síochána, having identified the whereabouts of the father and the child in a house, left that place of residence and went to make a telephone call, during which time this tragedy occurred? Does the Minister agree it is in the public interest to ascertain why, at the time when the father and child were identified and there whereabouts became known, the child was not, at that stage, taken into Garda security and the father was not arrested, as he should have been, under existing legislation on child abduction?
First, I will decide whether I believe it is in the public interest that the report should be published when I see the report. It may well be the case that it is in the public interest that the report be published. It may well be the case that it is not in the public interest that it be published for the reason that, in reports such as this, matters which are confidential to the Garda Síochána in relation to their operations, should remain precisely so. I will, obviously, listen to the Garda Commissioner in this respect and I will also make up my own mind. With regard to the question of directions—
The Minister should have a view of the public interest at this stage.
The Deputy should allow the Minister to reply.
With regard to directions to the Garda Síochána on how it should conduct its operations, that is clearly a matter for the Garda Commissioner and I have every confidence in him. With regard to the central authority for child abduction matters in my Department, the officials concerned are a very diligent group of people. The offer was made solely because of the possibility that the child might have left the jurisdiction with her father.
That has no relevance to the events of 13 August and the Minister knows that.
The time for this question has concluded.
If that had been the case, then of course it would have been appropriate for the child abduction branch to make the offer. It would have been in dereliction of its duty had it not done so, because at that time it was not known precisely where the father and child were.
That has no relevance to the events which occurred.
I regret that the leniency of the Chair is leading to disorder. This question has gone well over time and I ask the Minister to conclude.
With regard to what occurred on the tragic day in Clonmel, I honestly consider that speculation of the type in which Deputy Shatter has engaged is not just inappropriate and unwarranted but also unfair. I ask him to await the report. If we can give him the full report, we will certainly do so but, at the very least, I will undertake to give him a private briefing on the matter.
Question No. 95 answered with Question No. 92.
