Dáil Éireann Debate, Wednesday - 13 February 2019
33. Deputy Catherine Connolly asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 27 of 13 December 2018, when the report of the review panel which commenced on 16 May 2016 in respect of the care of three children in a foster home in County Galway will be published; and if she will make a statement on the matter. [6745/19]
Amharc ar fhreagraMy question is in the context of the utter failure of the State to protect three young children. The Central Criminal Court was told last year that they were sexually abused and raped on a weekly basis between the ages of six and ten while they were in foster care in Tuam, County Galway. The independent review panel took over to conduct an investigation. It is now 2019. The first disclosure was in 2007, the second in 2011 and the next in 2013, and we have no result from the independent review panel.
The shocking abuse suffered by these brave young women while in foster care in the early 2000s has disrupted and deeply impacted their lives. I am conscious of the significant public interest in the case. The Deputy will be aware that the review process begun by the national review panel in 2016 was paused at the request of An Garda Síochána to allow criminal proceedings to conclude. Following the conclusion of the criminal case and sentencing of the perpetrator, the review was resumed and has now been completed.
I understand that the report is extensive. It contains detailed personal information regarding the cases examined. I am mindful of the vulnerability of the young people involved. Tusla must strike a balance between meeting the public interest through the publication of the review and protecting the well-being of the victims who were children in State care at the time. The well-being of the young people must be to the fore, and the process regarding the decision about publication must involve them. It is essential that they have an opportunity to understand the findings and to offer their views on next steps. The timing of this process will be determined by the needs of the young people.
Tusla has advised my officials that it is currently in the process of taking the necessary steps to consult the young people involved in the review. It is important that those most affected are given the time to give their views and prepare themselves before anything further is put into the public domain. However, I am most anxious that the matter of publication be settled at the earliest possible time, having regard to all the circumstances of this case. It is critically important that the facts from the review and the learning from it should be made public, subject to protecting the young people affected, as soon as possible. I will continue to engage with Tusla and will urge timely conclusion of the consultation process and revert to the Deputy as soon as possible.
The Minister's reply is totally unacceptable. The protection and vulnerability of the children were never in the minds of the HSE or Tusla. An independent review panel was set up. In April 2018, in response to Deputy McDonald, the Taoiseach said the publication of the report was almost complete. It was only completed in December. It is with Tusla, a body that Mr. Justice Charleton said has an inability to reflect. A public body paid for by the taxpayer has a fundamental duty of self-scrutiny in pursuit of the highest standards. The administration of Tusla was found to be sorely lacking in application and dedication to duty. In respect of the criminal proceedings, a HIQA report that the Minister commissioned pointed out that it is imperative that Tusla ensures its own operational arrangements and does not allow criminal investigations to impede its statutory duty to safeguard children. The children were abused. The facts are out, unfortunately. The Central Criminal Court in Dublin heard all those facts last year. Out of 29 sample charges, the man was convicted of 23. We know all of that and, unfortunately, the children, who are now young adults, know all of that. What they want is some type of accountability from the system and an independent review panel's report to be published. If it is not to be published, why not?
It is important for the Deputy to outline the timeline and the issues and concerns, which I understand. I am fully aware of them as well. The Deputy raised many of the criticisms of Tusla in respect of the Charleton tribunal as well as other matters, particularly the HIQA statutory investigation that I commissioned. I am aware of this and the Deputy will be aware that measures have been put in place with the board, with which I work on an ongoing basis, to put in place plans to change that. We have an expert assurance group that oversees the process, led by an independent chair.
In respect of the Deputy's second set of questions, it is important and it is in the public interest that this report be published ultimately. From the perspective of Tusla and its work in that regard, the agency needs time to consult the people whom the report is about prior to its decision to publish.
I welcome that the Minister is saying she would like the report to be published, if I heard her correctly.
I welcome that but I cannot but be frustrated on behalf of the people who have suffered in a system that is now heaping abuse onto abuse. I only criticise Tusla because I am quoting from the HIQA and the Charleton reports. Clearly it does good work but in this situation the agency took over from the HSE, which itself is under scrutiny in respect of this. The independent review panel has been engaged in this process since April 2016; it is now February 2019. Mr. Justice Charleton reported within two years. He came back on a regular basis to give the Minister updates yet the independent review panel cannot update her on anything. In reply to previous questions of mine, the Minister said the panel was independent and she could not interfere. Since then, she has clarified that there are issues in respect of the panel further to an independent monitoring process by HIQA which I cannot get my hands on. I would appreciate if the Minister clarified that in respect of governance. At this point I want an assurance that there will be no more delays in the publication of the report in order that we can empower people, particularly those on the ground who have suffered, and that they know there will be accountability.
It is my hope as well that it could be published as soon as possible. Tusla is going through a process right now in the context of awareness and changes in its practices.
The decision of the people involved, including the social workers and managers, is that they need the time to consult the young people. My understanding is that one of them has waived her right to anonymity but that the other two have not necessarily done so. I assure the Deputy that I will continue to urge the people involved to conclude the process as soon as possible. I need to respect the decision to work with the young people and consult them in the process of publishing the report.
