Could we have order for the Adjournment debate, please? I ask Members to continue their conversations outside the Chamber and to allow some time for the Adjournment.
Adjournment Debate
Official Engagements
I would like to take this opportunity to invite a member of President Obama's visiting party to County Cork to visit the ancestral home of an Irishman who exerted considerable influence on the formative years of the United States of America, that is, Edmund Burke. If Burke's vision of co-operation and trade had been embraced and implemented earlier, it would have dramatically changed the course of American and world history. We might be living in a different world today. However, Burke's early recognition of America's great potential as a market of singular global importance marks one of the earliest and most significant political connections between Ireland and America.
Killavullen in north County Cork is the ancestral home of Edmund Burke, one of the greatest political writers and orators of his or any other time. He intervened passionately on behalf of the American colonists in the 18th century in an attempt to avert war.
(Interruptions).
I apologise, but I must ask Deputies to afford the Deputy moving the Adjournment silence, please.
Edmund Burke wrote: "Politics ought to be adjusted, not to human reasonings, but to human nature; of which the reason is but a part, and by no means the greatest part".
Edmund's mother was Mary Nagle, whose people, a large extended family, were the leading Catholics in what is still known as Nagle country in the Blackwater Valley. The poet Edmund Spenser was married to a member of the family and it was to Nagle country that Edmund Burke was sent from Dublin at the age of six years to live with his uncle Patrick Nagle in Ballyduff at the foot of the Nagle Mountains. According to local tradition, he was returning to the place of his birth.
It is said that Edmund was sent to Cork for the sake of his health, as Dublin was an unhealthy place in the 18th century. However, it is probable that the opportunity to receive a Catholic education was of as much, if not more, importance. The penal laws of the time prohibited and penalised Catholic education, the presence of Catholic priests and attendance at mass, but while the code was strongly enforced in Dublin, places like Ballyduff in the parish of Killavullen in the 1730s were openly Catholic. Edmund attended a hedge school under the walls of the ruined castle of Monanimy, formerly a Nagle stronghold. The Blackwater Valley was and is one of the most beautiful regions in Ireland and is where Edmund Spenser drew inspiration for the landscape of The Faerie Queene. Burke stayed in north Cork until the age of 11 years, immersed in a culture far removed from that of Dublin and the Pale.
Elected to the British Parliament in December 1765, out of public necessity Burke played down both his Irishness and his Catholic associations. His political ideology, inspired by his experiences in Ireland, were to extend out into the world and, particularly, to America. He abhorred slavery and argued against seating representative Americans in the British Parliament on the grounds that this would mean the seating of slave-owners. The cry of "no taxation without representation" had been raised as part of American resistance to the Stamp Act, and allowing American representation in the British Parliament was one proposed solution. Historians claim a distinct link between his views on slavery and his formative years in an Irish Catholic hedge school pursing a forbidden education. As a respected parliamentarian, Burke tried during the early phases of pre-revolution in the American colonies to persuade the English not to provoke the Americans into rebellion by taxation, but rather to extend their rights and independence. Burke's repeated warnings were not heeded and the war that ensued was, in Burke's mind, a civil war.
The Blackwater Valley region in north County Cork has very strong connections with North America, going back to the first ever European settlement on the Continent. The settlement was organised by Sir Walter Raleigh, who owned land in the Blackwater Valley. On 9 April 1585, Sir Richard Grenville, landlord of Fermoy and a first cousin of Sir Walter Raleigh, set sail for America with 100 colonists in seven vessels. Among the organisers on board was the artist and cartographer John White, who had previously lived at Newtown, Doneraile. John White's watercolour drawings are of great significance in American history as they gave detailed visual information about the native North Americans and how they lived, along with excellent detail of the flora and fauna of the region. John White's granddaughter Virginia Dore, the daughter of John's daughter Eleanor Dore, was the first recorded European born on American soil, on 18 August 1587. Although much of White's work has been lost, a number of drawings were retained.
The potential for literary and cultural tourism in this country is enormous, and Edmund Burke is a pivotal figure in this respect. This is good for Ireland and complements the recent jobs initiative. I formally invite any member of the American visiting party to Edmund Burke's ancestral home. If time prevents this, I would be obliged if the Minister would be so good as to inform the President and his party of this unique link and association between our two nations.
The visit of President Obama, similarly to the visit of Queen Elizabeth, offers unparalleled opportunities to showcase Ireland on the international stage. These historic visits provide us with a significant opportunity to focus on economic, trade, investment and tourism opportunities with Britain and the US, our two most important economic partners. Naturally, there will be a high level of international media interest, which will provide an opportunity to put out a positive and forward-looking message that Ireland is open for business.
The Government, in consultation with State agencies, will fully maximise the opportunities that the visits and media attention provide to promote Ireland's economic recovery. As I speak, Tourism Ireland has extensive promotional programmes in place throughout Britain, America and other markets. The Irish-US economic relationship is mutually beneficial and is stronger now than at any other time in our history. Some 95,000 Irish people are employed by US companies using Ireland as a gateway to 500 million European consumers, and Irish companies in turn employ 82,000 Americans across all 50 states. US investment in Ireland stands at $165 billion, which is greater than US investment in Brazil, China, India and Russia combined. World business leaders such as Microsoft, Google, Intel and Facebook recognise Ireland as a pre-eminent location for fresh thinking and a global hub for innovation. Ireland is still regarded as a good place to invest and we have many strategic advantages to attract global investors in the long term.
Our partnership with the US in the fight against global poverty and hunger is important to us, and we regard it as a central element of our foreign policy and Ireland's role in the world. We are also working closely with the US in the area of collaborative research and development among researchers and industry to generate innovation in the marketplace and lead to improvements in health care, disease prevention and technological innovation. Our bilateral relationship is innovative and far-reaching, and the opportunity to highlight these connections during the President's visit has tremendous promotional value for Ireland and the potential to benefit Irish society as a whole.
In March, when President Obama announced his intention to visit Ireland this year, he characterised the visit as a significant statement of confidence in Ireland. The forthcoming visit will shine a much-needed light on the many positive qualities that have made Ireland renowned throughout the world — our youth and resilience, our ingenuity and ability. It is also an opportunity to celebrate the outstanding achievements of our people over many generations and across many continents, including those who, like Edmund Burke, foresaw and contributed to the success that America would achieve as a nation.
Yesterday the Taoiseach outlined the details of President Obama's visit to this House and advised Members that arrangements for the President's visit are close to being finalised, with a number of senior officials travelling to Dublin in the coming days to agree the final details. The programme will include a visit to Moneygall, and President Obama is expected to give a public address in Dublin. This event is intended as a public welcome to the President and First Lady.
In view of the short duration of his visit, I understand there are no plans, with the exception of his visit to Moneygall, for President Obama to travel outside Dublin on this occasion. As Deputies will appreciate, there have been many attractive and generous invitations issued for consideration by the President, but unfortunately it has simply not been possible to accommodate them. I listened to the statement made by the Deputy and acknowledge the significance of Edmund Burke. I will convey to the visiting party the statement that was made here this evening in the hope that, if not on this occasion then perhaps on a future occasion, there may be suitable recognition of the work and significance of Edmund Burke.
I know that people from all across Ireland will come to hear the President make his address. The President's visit is an historic opportunity to put Ireland and our people on view before an international audience. It is an opportunity to show Ireland at its very best, to focus on our trademark tradition of warm hospitality, and to celebrate our rich and diverse cultural heritage. The economic benefits will extend across the Irish economy, far beyond the few locations the President will visit in person. We hope the images of President Obama in Ireland will encourage other visitors to follow in his footsteps. Together, the visits of the US President and Queen Elizabeth will showcase Ireland to a huge audience of potential visitors in Britain, the US and across the globe, and have the potential to deliver a major boost to Irish tourism in 2011 and beyond.
Consular Assistance
I thank the Ceann Comhairle for affording me this opportunity to raise a matter of great concern and sadness on behalf of the Fitzpatrick family of 61 Shannon Park, Portumna, County Galway. I raise this matter with the full consent of the family. As a Government Deputy for the constituency of Galway East, I have been instructed by the Fitzpatrick family to highlight concerns relating to the death of their beloved son and brother Matthew.
Matthew was the second youngest of nine children. He was 34 years old and worked as an interface engineer for Sanmina International. He lived in Mannheim, Germany, for three years prior to his death. On the morning of 11 December 2010, Matthew was found dead in his apartment in Germany. The Fitzpatrick family was not notified of Matthew's death until approximately 7 p.m. on 12 December, a full 36 hours after his death. They were informed of this tragic and devastating news by a member of Matthew's ex-girlfriend's family. To this day, Matthew's parents, Donal and Eileen, have not been contacted by any German official about their child's death.
According to the German police, Matthew's ex-partner Sabrina Krause made the discovery when she arrived at Matthew's apartment at approximately 10 a.m. on the morning of his death. Ms Krause was found a short time later by a neighbour, crying and saying it was her fault Matthew had died. I am referring to commentary from the coroner's report and the report of the German chief investigator. The inquest heard that she had a knife in her hand, had taken an overdose and had to be restrained when she tried to jump out of a window of the apartment block.
On 22 December 2010 the Mannheim police and the state prosecutor closed the case of Matthew's death, stating it was death by suicide. Matthew's body was repatriated to Ireland and to his family on 17 December 2010 and, on the following day, 18 December, the deputy State pathologist in this country identified numerous injuries on Matthew's body to which cause had not yet been established or resolved to the satisfaction of the Fitzpatrick family, injuries such as a blunt force trauma to the back of Matthew's head, numerous contusions and abrasions to Matthew's face and body and a deep injury to his lower back which showed considerable haemorrhaging.
The Fitzpatrick family claim with great concern that the number of injuries identified by the Irish authorities are not referred to or acknowledged in the autopsy report carried out by the German state prosecutor's office. Giving evidence, the Irish deputy State pathologist was unable to clarify the matter further and said suicidal strangulation, suicidal hanging or third party strangulation were all possibilities in this regard, which is completely contrary to the outcome of the pathologist's report in Germany.
It has been confirmed at the Irish inquest that Matthew had a friendly encounter with a married woman many months prior to his unfortunate death and that as a consequence of this brief situation, Matthew was subjected to a process of up to 20 unwelcome and unintended telephone calls days prior to his death. The coroner, Dr. Kieran Geraghty, had advised the jury they should not bring in a verdict of suicide if they had any doubt with regard to the verdict. A jury of nine Irish citizens recorded an open verdict after the hearing of that evidence.
In this regard I call on the Tánaiste and Minister for Foreign Affairs to meet the Fitzpatrick family with a view to identifying with the concerns set out by them. It is critical that a family haunted by the tragic loss of a brother and son are satisfied by Government that it can be an agent of support if or when an injustice is perpetrated against an Irish citizen in this country or abroad.
I extend my sincere condolences to the extended family of Matthew Fitzpatrick. It is very traumatic for any family to learn of the death of a loved one, and for this to have occurred overseas, in tragic circumstances, can only increase the family's distress.
My Department was first alerted to the death of Matthew Fitzpatrick in Mannheim, Germany on 13 December 2010. I am informed that the German authorities returned the cause of death as suicide. When the remains were repatriated to Ireland, however, a post mortem examination was carried out in Dublin by the deputy State pathologist. I understand that on 22 April at the Coroner's Court in Dublin, a jury returned an open verdict on the cause of death. I am also informed that the family wishes to have the police investigation in Germany into the death reopened. I assure the Deputy and the Fitzpatrick family that my Department will continue to provide all possible consular assistance to the family and will continue to facilitate their dealings with the relevant German authorities in the pursuit of their aims.
As I am sure Deputy Keaveney will appreciate, any reopening of a police investigation may raise the possibility of future legal proceedings. As I would not wish to prejudice any matter which may be put forward for the determination of a court, I will limit my comments in this case to the consular case involved and the consular assistance provided thus far by my Department to the deceased's family.
My Department has been in contact with the deceased's family since our notification of the death on 13 December 2010. Consular assistance has been provided by our embassy in Berlin and by our consular assistance section here in Dublin. I understand that the arrangements made by my Department have included facilitating contacts with police, undertakers and lawyers in Germany and with the Dublin County Coroner's Office and the Garda Síochána in Ireland.
An officer from our embassy in Berlin travelled to Mannheim on 15 December 2010 and met relatives of Matthew Fitzpatrick. Our embassy supplied details of English-speaking funeral directors in the region to assist the family in making arrangements for repatriation. The embassy provided assistance in dealing with the mortuary, local authorities and the appointed funeral director on behalf of the family. The embassy also supplied a list of English-speaking lawyers practising locally in order that the family could get professional legal advice on the case and the procedures involved. I believe that, following repatriation of Matthew's remains, our embassy provided unofficial translation services for a considerable amount of documentation to facilitate the family's contacts with the German authorities and also translated a number of representations made by the family into German, as Mannheim police had made clear that they were unable to process communications in English.
Subsequently, the family expressed their desire to gain access to Matthew's apartment to retrieve his personal effects and informed our embassy that an embassy liaison person was required for this purpose by the Mannheim police. An officer from our embassy again travelled to Mannheim on 7 January to assist the family in this process and provided assistance in mediating between the family of the deceased and the family of his former partner.
I am also informed that our embassy requested the assistance of the Garda liaison officer in The Hague, Netherlands, to assist the family further. My Department understands from our contacts with the family that this link with their local gardaí has been much appreciated and that the response received overall from the Garda Síochána has been of great support to them. In addition, our embassy in Berlin provided unofficial courtesy translations of extensive police notes on the man's death.
On 22 March 2011, the Garda liaison officer based in The Hague and the officer from our embassy in Berlin travelled to Mannheim to meet the police officer who led the investigation into the death. I understand a senior representative of the state prosecutor's office of Baden-Württemberg was also present and at this meeting. Our embassy, I am informed, assisted the family to communicate their concerns regarding the manner in which the police investigation had been conducted.
It is the understanding of my Department, at this point, that the state prosecutor's office in Baden-Württemberg is now considering the report of the Coroner's Court in Dublin. Clearly, it would not be appropriate for me to interfere with any investigation under way in that jurisdiction. As I am sure Deputy Keaveney will be aware, the German authorities are fully expected to deal with all operational matters involved in such an investigation. I am also informed that my Department has advised the family to take professional legal advice on their current position and on the legal options now open to them to pursue this case.
As I mentioned earlier, my Department, through our embassy in Berlin and our consular section in Dublin, will continue to provide all possible consular assistance to the family and will continue to facilitate their dealings with the relevant German authorities in the pursuit of their aims. I assure Deputy Keaveney that I will take a personal interest in the matter and will continue to liaise with him on it.
Garda Investigations
I thank the Ceann Comhairle for selecting this matter for the Adjournment debate. Yesterday, Mr. Justice Kelly issued a decision in the High Court refusing to sanction an application for a six month extension of time in the investigation by the Garda Síochána and the Director of Corporate Enforcement into certain matters concerning Anglo Irish Bank. Instead, he gave the investigators until the end of July when the matter will come before the court again. Essentially, Mr. Justice Kelly was putting us all on notice that the investigation by the Garda and the Director of Corporate Enforcement into Anglo Irish Bank is in danger of collapse. He extended the investigation to the end of July and said that the progress of the two year inquiry was not satisfactory, that he would extend it to 28 July when he expected much progress to have been made, and warned that if a further extension was sought in July, he would have to be given a detailed update on progress, including what happened to material sent by the investigators to the Office of the Director of Public Prosecutions last December and last March.
This decision by and these comments of Mr. Justice Kelly represent a wake up call, if one were needed, to the authorities on the urgency of concluding this investigation. It is a function of this House, especially of the Government, to ensure the Garda and the Director of Corporate Enforcement are equipped with every possible tool to enable them to complete that work as soon as possible. Mr. Justice Kelly is clearly frustrated at the length of time the investigation is taking. This is a frustration shared by all citizens. It is not for me to determine the guilt or innocence of anyone in connection with the Anglo Irish Bank investigation but we have a right to insist that all parties give full co-operation with the inquiry.
There was a report in the media last week, one which has not been contradicted, that the former chief executive officer of Anglo Irish Bank, Mr. David Drumm, now living in the United States, has refused to make himself available for questioning by the Garda and the Office of the Director of Corporate Enforcement, ODCE. This is a disgrace. Mr. Drumm, as Anglo Ireland Bank's head of lending between 2003 and 2005, and then as chief executive of the bank until 2008, is a key player in the catastrophic Irish banking crisis. The bank that he led has cost the taxpayer almost €30 billion.
For Mr. Drumm not to co-operate with the investigation is to give the two fingers to the Irish people. This is an affront to our citizens and to the democratic institutions of this State. He must not be allowed to run away from his responsibilities. All Members will agree that Mr. Drumm and everyone else associated with the investigations must be held accountable here for their actions.
Mr. Drumm is in the United States on an E-2 visa, which is for people who make a qualifying business investment in the United States. Mr. Drumm, accordingly, remains in the US solely on the basis of the permission and grace of the US authorities. The irony is that, while in the US on an E-2 visa, it emerged that Mr. Drumm filed for bankruptcy there in October 2010. In addition, Anglo Irish Bank has lodged papers with the US courts challenging Mr. Drumm's eligibility for the E-2 visa. Mr. Drumm can only be extradited from the US to Ireland if he is being prosecuted here and he cannot be extradited for questioning alone.
Will the Tánaiste and Minister for Foreign Affairs raise the issue of Mr. Drumm's US visa with US ambassador to Ireland, the US State Department and urge the US authorities to revoke this visa? The US authorities should be asked to revoke Mr. Drumm's visa on the basis that he is wanted in Ireland to be questioned as part of the most complex investigation of its kind in the history of the State. I am sure he could be very helpful to the investigation if he made himself available.
Several other issues also emerge from Mr. Justice Kelly's comments yesterday. What are the blockages preventing a successful conclusion to the investigation into Anglo Irish Bank? In the short time he has been in office, has the Minister for Justice and Equality had the opportunity to receive an update on the investigation? If people are to have any faith in public administration, the criminal justice system and politics, it is important that the Anglo Irish Bank investigation is brought to a successful conclusion.
The Anglo Irish Bank investigations cover several issues comprising the short-term back-to-back deposits of approximately €7.4 billion executed by Anglo Irish Bank and Irish Life & Permanent at the end of September 2008; the provision by Anglo Irish Bank of funds to certain persons for the purchase of its shares in July 2008; the bank's loans connected to certain former bank directors which were not adequately disclosed in the bank's financial statements for many years; and an Anglo Irish Bank loan provided to one of its directors in September 2008.
All sides of the House have supported the investigations by the Garda Síochána and the Office of the Director of Corporate Enforcement, ODCE. Significant progress has been made. In its recent report to the High Court, the ODCE indicated three investigation files and several further reports were submitted to the Director of Public Prosecutions in late 2010 and early this year. The Garda Síochána and the ODCE are working to complete the remaining aspects of their investigations. They hope to do so by the end of the year. The Government is anxious that these investigations be completed as quickly as possible. The Minister for Justice and Equality and I have taken a keen interest to get an update. We have ensured all necessary resources are made available to ensure these investigations are brought to a conclusion. Any investigation, however, must also be thorough and meet the tests of evidence.
Both investigations have received additional assistance in the form of extra staffing support. In the ODCE investigation, some 16 staff, including the gardaí seconded to the office, have been more or less exclusively engaged for the past two years on these investigations. Six of these 16 staff are new to the office having been provided by my Department or the Garda Commissioner since 2009 at the request of the director. My Department does not have any further request for additional staff on hands at this time from the director.
The ODCE's investigation of Anglo Irish Bank has also been assisted by new legislative provisions, supported by all sides of the House, when it enacted the Companies (Amendment) Act 2009. The ODCE has used the seizure powers in that Act, and it is the use of these provisions which has given rise to the recent High Court review. I am aware of Mr. Justice Kelly's comments but Deputy Michael McGrath will appreciate that it would be inappropriate for me to comment on court proceedings which are in progress.
The task of conducting these investigations is difficult and complex and the processing of the millions of electronic documents seized by the ODCE in September 2009 is complicated and time-consuming. In the area of white-collar crime, generally, the Government has moved urgently to provide new procedures and powers which will speed up current and future investigations, including investigations into offences in the areas of banking and finance, company law, money laundering, fraud and corruption. The Minister for Justice and Equality will publish a criminal law Bill on Friday containing these changes. I hope all parties will co-operate in its early enactment.
The Garda Commissioner has assured the Minister for Justice and Equality that the resources allocated to the Garda Bureau of Fraud Investigation are sufficient to meet the demands placed on it in the investigation of white-collar crime. While the internal allocation of Garda personnel is a matter for the Commissioner, he has informed the Minister that 11 appointments, including ten new staff, have been made available to the bureau in recent weeks.
The ODCE and the Competition Authority were significant contributors to the recent consultation process undertaken by the Department of Justice and Equality in the white-collar crime area having regard to their experience of work in the area. These submissions are reflected in the Department's recently published overview of the submissions it received.
I fully understand public frustrations at the delay in seeing an outcome to this investigation. However, the time taken to conclude these investigations is not unique. It is regrettable that complex investigations in large companies take time in many jurisdictions with a similar legal system to ours. By way of illustration, I note the UK's Serious Fraud Office last week issued a press statement relating to charging three people with offences of false accounting in a UK public company which is now in liquidation. This investigation was accepted by the Serious Fraud Office in January 2007 and has been conducted since then in conjunction with the City of London Police. Similarly in March 2011, the Serious Fraud Office reported that it had mounted extensive search and arrest operations in London and Reykjavik in co-operation with other authorities relating to the circumstances surrounding a banking collapse in October 2008.
I am assured by the Director of Corporate Enforcement that his office is acutely aware of the public desire that the Anglo Irish Bank investigations be concluded as speedily as possible. However, the ODCE is equally conscious of the absolute need, in the public interest, to avoid any short cuts that could damage the prospects of a successful prosecution in the event that the Director of Public Prosecutions decides to press charges in any case. The ODCE is endeavouring to conclude its investigations as quickly as possible without compromising the prevailing legal standards for the acquisition of criminal evidence. It will continue to work closely with the Garda Síochána on their respective investigations into Anglo Irish Bank.
The Garda Commissioner and the Director of Corporate Enforcement are independent in the discharge of their criminal investigative functions. This must be respected by everyone. As an independent officeholder, the Director of Public Prosecutions will, likewise, make decisions in the Anglo Irish Bank case when he is in a position to do so. It is important that all public representatives, in this House and outside of it, refrain from making comments which could potentially prejudice taking criminal proceedings in due course.
These investigations have made substantial progress. My Department remains available to offer any suitable assistance to the ODCE in concluding these investigations. I am aware that the Government does not have a role in prosecuting offences. However, we will take all appropriate action open to us to ensure these investigations are brought to a conclusion as quickly as possible.
I will bring the matter of Mr. Drumm's E-2 visa to the attention of the Tánaiste and Minister for Foreign Affairs so he can examine the Deputy's suggestion regarding it.
Child Care Services
I thank the Ceann Comhairle for selecting this matter and welcome the Minister of State, Deputy Kathleen Lynch, to the House.
I raise this matter as the provision of support services to people at risk is becoming an increasingly important issue in my constituency and, I am sure, in many other constituencies throughout the country. I agree that the Minister and the HSE have a duty of care to provide for young people at risk. However, it is equally important to balance those duties of care to the young people at risk with an obligation to the communities where the services are being located.
I represent the constituency of Dublin Central which probably has the highest concentration of residential social and support services in the country. The recent experience at the Stepping Stone premises on Botanic Avenue shows the need for the proper management and regulation of such premises. Stepping Stone opened a residential care centre for troubled adolescents at the premises on Botanic Avenue in January 2011. From the outset, there were serious issues of anti-social behaviour on the part of the youths living in Stepping Stone and an inadequate response from management. There were threats to people and damage to property locally.
It is important to note that there was no consultation with the local community on the proposed use of the premises. Moreover, there was no consultation with the Garda Síochána on the matter. They had not even been informed of Stepping Stone's intention to locate there. Reports of anti-social behaviour from youths living in the premises started soon after Stepping Stone moved in and it was only then that the Garda Síochana became aware of the nature of activity being carried on. The situation came to a head last week when a serious criminal incident occurred. Fortunately, the Garda was able to deal with the matter effectively. Nevertheless, a quiet residential community was seriously disrupted.
The HSE has contracts with a large number of organisations such as Stepping Stone to run residential care units on its behalf. It is not clear how much these organisations are paid as they are private operators but there is no doubt they are more than adequately remunerated for their work at the taxpayers' expense. The HSE should have complete oversight in regard to the provision of such facilities. It should be the conduit of information with all of the relevant agencies in an area where such services are being located. The HSE should also ensure that there are clear procedures in place for liaising with the relevant agencies. For example, the local Garda Síochána should be the first agency to be consulted but in cases such as this it is the last to be consulted. Moreover, there is a need for strict guidelines regarding the management and operation of such facilities, which clearly were not in force in the case of Stepping Stone.
The HSE should put protocols in place to ensure that the senior management personnel liaise, consult and work with the local communities in which they are operating. Clear procedures for responding to issues as they arise and before they develop into a crisis must be established. Where the systems fail, the HSE and, ultimately, the Minister should be accountable. Furthermore, on a broader scale, the HSE should develop procedures in regard to the number of centres and support services to be located in any one residential area.
Dublin City Council has acknowledged that a concentration of voluntary and statutory organisations is not in the interests of the people being served by these organisations and is not good for the local community where they are located. Accordingly, DCC has adopted policies in its current city development plan stating the need to avoid a proliferation of institutions and support services in any one area. The HSE should adopt a similar policy to ensure that there is not a concentration of its outreach facilities in any one area. At present there is no register of facilities and services provided or funded by the HSE. The Minister should instruct the HSE to compile a register and map outlining the location of such facilities to facilitate future planning.
To date the HSE has failed to put in place adequate quality control and monitoring of the procedures and management of facilities managed by outside agencies. It is time that the Minister ensured that the HSE took responsibility for the operation of the centres and facilities it funds.
I thank Deputy Costello for bringing this issue to our attention. I agree that one is lining oneself up for trouble where one does not consult or get the support of a community for the location of a facility like this. This should also be done through consultation with other agencies charged with keeping public order. The business of putting facilities in place without telling anyone, thus allowing people to find out about them by dent of an occurrence in their area is completely wrong.
I welcome the opportunity to reply to this Adjournment matter. The Health Service Executive is required under the Child Care Act 1991 to promote the welfare of children who are not receiving adequate care and protection. There are a number of procedures which the HSE can use when dealing with children who are at risk or who are in need of care. If a child is in need of care and protection and is unlikely to receive it at home then the HSE must apply to the courts to take the child into care. The HSE is obliged to care for these children for as long as their welfare requires it. All of these children have unique circumstances and experiences that need to be taken into account when HSE managers, social workers and other staff are planning and providing services.
Standards for children in residential care are governed by the National Standards for Residential Care. The HSE centres are currently subject to inspection by the Health Information and Quality Authority, HIQA, and the non-statutory centres are currently registered and inspected by the HSE. The centre referred to by Deputy Costello is a non-statutory centre which was registered by the HSE to commence operation on 10 September 2010 pending a full inspection as per the registration and inspection service protocol. The centre was registered for a maximum capacity of two young people aged 12 to 17 on admission. The written and agreed purpose and function of the centre was to offer short-term placements to young people. The service was to offer a high level of support to young people in a community based setting.
The first full on-site inspection of the centre by the HSE took place on 14 and 15 March 2011. There were two young people living in the centre at the time of the inspection. In general, the inspectors found that the centre was not in substantial compliance with a number of operational practices and there were issues with leadership and management of the centre. It was also identified that there was no consistent model of care being utilised in the centre. The inspectors have been in regular contact with the centre since the inspection and have been informed by the registered proprietors that it is their intention to request the suspension of the registration of the centre. A meeting has been organised with the registered proprietors to formalise the suspension of the registration. There is currently one young person in the centre and a move on plan has been identified for this young person in a planned manner.
I again thank the Deputy for bringing this matter to our attention. I will take on board his suggestion in regard to a register of non-statutory centres, which is probably where the problem arises. I also agree that the register should be available to all local authorities in regard to planning matters. The manner in which the centre concerned was put into operation is not the model we should be following.
The Dáil adjourned at 9.30 p.m. until 10.30 a.m. on Thursday, 12 May 2011.