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Dáil
‹ Leaders' Questions

Child abuse investigation and Garda implementation

Summary

Micheál Martin raised shocking allegations about child sexual abuse in Limerick-Tipperary and questioned why Garda Inspectorate recommendations from 2012 had been poorly implemented. The Taoiseach said the investigation was ongoing, praised gardaí, and pledged full Government commitment to implementing the report.

I wish the Members a happy International Women's Day. We will now take Leaders' Questions under Standing Order 29 and I ask Members to adhere to the time allocations.

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Newspapers have been reporting on multiple arrests in recent days in the course of a child abuse investigation in the Limerick-Tipperary area of Munster. Reports indicate that up to 20 children have been identified as victims of alleged sexual abuse. Concern has also arisen on the urgency of the response of State agencies when allegations first came to light. This could, in itself, lead to an inquiry as to whether every possible measure was taken to ensure the safety of the children immediately at risk when it became known that they were at risk. Apparently, such concerns have been expressed formally by a State employee who works in the welfare sector. There is an enormous level of concern locally about this as well as enormous public concern more generally.

I will not comment on the individual case any further. I raise it in the context of the broader issue of how well-equipped and organised State agencies are to deal with child sexual abuse and exploitation. The Garda Inspectorate report, which was published last week and which I raised on the Order of Business, gives rise to significant concerns as to the general capacity of the State to investigate child sexual abuse cases comprehensively and appropriately. The report benchmarks progress on the issue against an earlier Garda Inspectorate report of 2012 and indicates that only 45% of the recommendations of that earlier report are considered to have been implemented. Overall, the inspectorate is concerned at the limited progress in the implementation of some of the recommendations and at the time taken to progress others, including the introduction of a victims' helpline in 2017, which was approximately five years after the publication of the 2012 report. I just give the Taoiseach a sample.

The lack of implementation is disappointing and, in the opinion of the inspectorate, has had a negative impact on the delivery of services to victims. Child advocacy centres have not been established, notwithstanding that this was a very important recommendation of the 2012 report. Continuing cause for concern is the fact that inexperienced and untrained gardaí are still involved at all stages of child sexual abuse investigations, from taking initial accounts from victims and obtaining victims' and witnesses' statements to dealing with suspects.

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Does the Deputy have a question?

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I do, indeed. There are a range of other issues which I can deal with but the fundamental question is why is it that there has been such poor implementation of the recommendations contained in the Garda Inspectorate report of 2012 in relation to so grave an issue as the exploitation and sexual abuse of children?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

Crimes of a sexual nature are among the most heinous crimes that can occur and crimes against children are the worst crimes imaginable. I am aware of the arrests of 11 people on Monday by An Garda Síochána. These people have been released and files will be prepared for the Director of Public Prosecutions. These arrests come as part of an intelligence-led investigation by gardaí into alleged sexual exploitation of children who are resident in the Newcastle West Garda district. As the investigation is ongoing, I cannot say any more about its details other than to commend the work of gardaí and Tusla to ensure these arrests took place. The crimes alleged are shocking, abhorrent and truly disgusting.

The Government is fully committed to the protection of children. Divisional protective service units have been established in An Garda Síochána to tackle special crime types, in particular domestic and sexual abuse. The Government will ensure that gardaí are supported in the fight against all forms of child sexual exploitation and abuse. The Criminal Law (Sexual Offences) Act 2017, which this Government brought in, contains significant provisions in Part 2 to deal with and prevent the sexual exploitation of children. These measures strengthen the law in the area of child pornography and create new offences to target child sexual grooming which focus on those who use modern technology to engage with children with the ultimate purpose of sexually exploiting them. The aim of the provisions is to remove any gap in the law which could be exploited by those who prey on children for the purpose of sexually exploiting or corrupting a child. The seriousness of these offences is reflected in the potential penalties which may be imposed of ten to 14 years. These offences came into effect on 27 March 2017.

The specific report mentioned by Deputy Micheál Martin was brought to Cabinet by the Minister for Justice and Equality two weeks ago and we had a detailed discussion on it. We acknowledged that improvements had been made and we have been able to work with An Garda Síochána to support it to improve its capacity in this area. We also acknowledged, however, that there are shortcomings which remain. We will work very hard with An Garda Síochána in the months and years ahead to ensure its members have the resources, technology and training they need to protect our children.

Comment on this

Without question, the scale of what has been alleged in Limerick is shocking and may represent a first in this country. It is important to point out that 60% of all reported sex crimes in Ireland involve a child but only 4% of cases notified to gardaí result in convictions. I asked the Taoiseach specifically about the lack of implementation of the 2012 report. We are great at inquiring into the past, but I am struck by the lethargy and lack of proactivity in implementing the key recommendations. For example, a major gap has been identified in Garda powers to compel the lawful owner of a computer or other device to provide a password to facilitate access. Those new powers should be brought in immediately by the House. If we all agree that it is the most heinous of crimes to sexually abuse children, there should be far greater commitment to implementing the recommendations of a serious report of this kind, in particular given the relationship between Tusla and An Garda Síochána which was again found to be less than optimal in the 2012 report. The lack of co-operation and co-ordination is shocking at this stage.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

There is total commitment on the part of the Government to the implementation of the report and the Minister and Government will drive those agencies, Tusla and An Garda Síochána, to do so. We will not take a hands-off approach when it comes to requiring these agencies and bodies to implement the report. The Garda Inspectorate's original report of 2012 made 29 recommendations, almost all of which were operational in nature and directed at An Garda Síochána. The recent follow-up review finds that of the 29 recommendations, 13 have been implemented fully, six have been partially implemented, six have not been implemented and four have not been satisfactorily addressed. Ms Caroline Biggs SC has agreed to chair the implementation group. She was called to the Bar in 1997 and to the Inner Bar in 2009 and she is an acknowledged expert in criminal law. She prosecutes and defends criminal cases on a regular basis and has a particular interest in the investigation and prosecution of child sexual abuse. She has made written submissions on the subject to the inspectorate.

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