I want to raise an issue of some gravity. It concerns allegations of physical and sexual abuse of varying degrees of seriousness in a school in the country and the subsequent Ombudsman's report, which went on for some years, into how the school's board of management, the HSE and the Department of Education and Skills responded to those allegations.

I know that the child who made the allegations wrote to the Taoiseach on 17 November about these issues. The Ombudsman's report was completed in September 2014. Suffice to say that it is a damning indictment of the manner in which the response to the complaint was administered by the board of management, the HSE and the then Department of Education and Science. The Garda has accepted that its original investigation was not up to standard and it is renewing its investigation and further allegations have been received.

This occurred in 2005-06, not 50, 30 or 20 years ago. I will give the Taoiseach a flavour of the findings of the Ombudsman's report in relation to the then Department of Education and Science:

This office finds that the Department of Education and Science's failure to provide assistance to the board to evaluate the investigative procedures employed by the board was based on unsound administration within the meaning of section 8 of the Ombudsman for Children Act 2002.

It continues:

Failed to respond [this is Education] when the HSE alerted the Department of Education and Science that the clinical psychologist was quite concerned with regard to corporal punishment at the school. [In fact, the local health officer had changed the psychologist's assessment. The psychologist was very concerned and had asked for follow-up investigations.] Education failed to respond when the board specifically requested guidance from the Department of Education and Science with regard to their investigation. On becoming further aware of the difficulties arising it limited its interaction to that of writing to the HSE to ask whether the allegations of corporal punishment came within Children First and whether these were being investigated by the HSE. Failed to respond to the board...

In terms of the HSE it states:

This office finds for much of the period under investigation allegations of physical abuse were miscategorised as corporal punishment. Should have been investigated by the HSE but were not properly investigated by the HSE.

[and]

In accordance with section 8 of the Ombudsman for Children Act 2002 this office finds that these actions were contrary to fair and sound administration.

To give a flavour of what was going on in the school in March 2002, the Ombudsman report quotes from the school Stay Safe Programme which says:

This school states:

The Stay Safe Programme has been approved by the board of management as a teacher's aid to be used in accordance with the Catholic ethos which demands that the law of God and of the church and not the child's feelings be the guiding principle.

There are fundamental questions to be answered by the three bodies concerned. What has alarmed me is the failure of the Department of Education and Skills to respond in any shape or form to the Ombudsman's report of September 2014.

Tusla has initiated an investigation but it seems to be a desk-top investigation. It will not be an investigation of what happened in the past but an investigation to help Tusla understand how things can be done better into the future. Tusla wanted to conduct this investigation in conjunction with the Department of Education and Skills. The fact that it is undertaking it on its own suggests to me that the Department is not willing to engage with Tusla in this investigation.

Will the Taoiseach agree to the establishment of an independent panel to investigate this scandal, in respect of which the Ombudsman for Children's report states without equivocation that this matter was not handled properly in any shape or form by the three bodies concerned? Will he indicate why the Minister and Department of Education and Skills have refused to meet the parents concerned and why they do not appear to have utilised the powers available to them under section 17 of the Education Act to intervene in this situation?

I remind Members that it is important in these situations that they do not name any person or say anything that could identify him or her.

I will abide by that.

It might have been helpful if Deputy Martin had given some indication of the nature of the case he wished to raise. This is a sensitive case. Obviously, the matter has to be investigated properly. The report the Deputy referred to was received in the Department of the Taoiseach. The Garda, the Departments of Health, Education and Skills and Justice and Equality and the parents have been contacted by Tusla, which is investigating this matter.

I am aware of the implications of the Ombudsman's report. I would like to await finalisation of the Tusla investigation before making any judgment. From that point of view, I do not propose at this time to establish an independent investigation into this matter. The Ombudsman is independent in its functions. As I said, the Garda, Departments of Health, Education and Skills and Justice and Equality, the parents and Tusla are involved in an investigation of this matter. I cannot answer for the Minister for Education and Skills and, having not met the parents, I am not aware of the details or circumstances surrounding the case.

This is a personal and sensitive matter. I am prepared to come back to the Deputy following clarity on the matter from Tusla, which was set up by Government to conduct matters in relation to children. I would prefer to await finalisation of Tusla's report before commenting further on the matter.

The Taoiseach is aware of the case and so I would have thought some direction would have issued to the Minister for Education and Skills in relation to a response to the matter. The letter from Tusla to the parents states:

Given the complexity of the relationship between the duties of child and family agency and school management governance relating to the employment of teachers, I would like the independent review to be jointly sponsored with the Department of Education and Skills. However, if agreement to a joint approach is not forthcoming in the short term, I shall proceed to review child and family agency responsibilities unilaterally.

That is what has happened. In other words, Tusla seems to be investigating unilaterally. The only conclusion to be drawn from this is that the Department of Education and Skills did not wish to engage. We need answers as to the reason the Minister and Department of Education and Skills refused to engage or are not part of this review. I have spoken to the parents. I am not clear on the scope and scale of the review. In this regard, reference is made to inter-jurisdictional issues and so on between the different bodies. This type of silo mentality on the part of the Department is alarming.

I understand that Louise O'Keeffe, to whose attention the parents of the child concerned brought this issue, raised the issue with the Ministers for Children and Youth Affairs and Justice and Equality in the context of discussions in relation to her own situation. It would appear to me that this was broadly known across Government. While I will gladly await a further response from the Taoiseach I put it to him that the response to date does not inspire confidence in the capacity of the State to take such issues with the gravity required. The Ombudsman's report, in terms of its conclusions and recommendations around how what we would term modern systems and guidelines failed so significantly in this particular context, in the politest language possible, makes for shocking reading. I am alarmed that the Minister for Education and Skills and others do not seem to have responded properly to this issue. That is why I believe there should be an independent examination of the entire case.

Deputy Martin is aware that allegations have been made. These allegations are being reviewed. It is not open to me when a case is being actively pursued to interfere in any way. Tusla was set up by Government to deal with matters relating to children. It is independent. As I said to the Deputy, there is no place for this type of activity in any school or home in the country. That is one of the reasons we established the specific post of Minister and Department for Children and Youth Affairs. Tusla is independent in the conduct of its work. I cannot interfere in a case that is active.

Tusla wants the Department of Education and Skills to co-sponsor the report.

As I said, I am happy to come back to the Deputy when I have received a report from Tusla.

Has the Taoiseach spoken to the Minister for Education and Skills?

The matters raised by the Deputy are serious. Nobody wants to have this type of activity not properly investigated, including by the authorities of the State to ensure that the laws of the land are implemented, if that be so.

I am happy to come back to the Deputy. When I have received the report from Tusla I will advise Deputy Martin in that regard.

The Taoiseach does not need a report from Tusla to get a response from the Department of Education and Skills.

Sorry, Deputy Martin, I have called Deputy Adams.

It is well covered in the media already by The Sunday Times and others.

I cannot interfere in a case that is active at the moment.

I am not asking the Taoiseach to interfere. I am wondering why the Department of Education and Skills has not responded

I will ensure the Department corresponds with Deputy Martin.

I am sorry. The Deputy should please not interrupt. The Taoiseach has replied and we will leave it at that for the moment.