Oberstown child protection reports
Deputy Clare Daly raises the delayed publication of serious Oberstown review reports and the Taoiseach responds that Garda investigations may be affected by publication. He stresses the seriousness of the allegations and restates the Government’s wider child-protection reforms and commitment.
I hope a deal is done on Brexit, and I hope it means that a general election is imminent because there are so many issues that are not benefiting from the current arrangements. I want to deal with one such issue, namely, child protection. As the Taoiseach knows, Oberstown was in the news again at the weekend when the real reason for the non-publication of the Goldson-Hardwick operational review, which was concluded almost two years ago, was revealed. I remind the House that the operational review was commissioned on foot of a number of serious incidents, including a virtual riot by young people, a major fire that caused €3.5 million worth of damage, strike action, health and safety concerns and behaviour management concerns. It is worth pointing out that since the Goldson-Hardwick report was concluded, there have been further serious incidents, including one last year which required armed gardaí to be called. High Court proceedings looking into the unlawful use of restraints and solitary confinement at Oberstown are under way.
All of this relates to a facility which deals with the most vulnerable and troubled young people in the State. Over half of them have lost one or both parents. Some 42% of them are at serious risk. They have drugs and alcohol problems. They are not going to school. They are in care and so on. It is hardly surprising that the authors of the report said that they have grave concerns about what they learned and that it is in the public interest for the report to be published. It is a sad irony that the Minister for Children and Youth Affairs justified the non-publication of the report on the grounds that she was not convinced that fair procedures had applied. To whom should fair procedures apply? It certainly is not fair to the many children who received extended prison sentences of up to five years for their role in these disturbances that a report on the circumstances leading up to the incident has not been published. It is not fair to Professor Goldson and Professor Hardwick, who are consummate professionals who checked and rechecked. To this day, they have not been given legal information on why the report has not been published. I have to say that if these academics were based in Ireland, they would not be treated like this. Instead, the beneficiaries of fairness were the board and some of the staff in Oberstown who threatened legal action and resignation. They got away with it. They succeeded in intimidating the Department of Children and Youth Affairs. In other words, those responsible for the operation that was being reviewed blocked the publication of the report.
Sadly, this is not an isolated incident. It was revealed to me this week that another report involving very serious child protection concerns has not been published. This report relates to social work services in the midlands. My questions are quite straightforward. Will the Taoiseach provide an assurance that this review, which was commissioned for publication, will be published? More importantly, what will the Taoiseach do about the fact that it looks like two major organisations under the aegis of the Department of Children and Youth Affairs are incredibly comfortable with giving the two fingers to the Minister and the Department so that they can carry on doing whatever they like? Sadly, these two organisations are charged with protecting our most vulnerable children. The report I referred to that was mentioned earlier in the week, which we found out might not be published, involved one young person in a serious harm situation where social workers had been notified over a period of ten years.
Comment on this
I thank the Deputy. As everyone in the House will appreciate, Oberstown works with and serves children who have very profound difficulties. Many of them have had a very bad start in life and have immense needs and great difficulties. Sadly, they are often a risk to themselves, to other people, including family members, and to their communities. This is a very hard area to work in. The staff who work in this area are very dedicated, generally speaking, and have a vocation to work with children who have such significant and difficult needs. Several reports have been published. They outline the reforms that are required at Oberstown. Recommendations from these reports have been published and incorporated into the overall reform plan, which is being limited. The Minister, Deputy Zappone, has the board's legal advice with regard to this and that has been accepted. I am sure that when further opportunities arise, the Minister will be able to answer the Deputy's questions in a little more detail than I can in the course of this debate.
Comment on this
The brevity of the Taoiseach's answer is an insult to the vulnerable children who are currently in the charge of our child protection services. The second report I mentioned was concluded in 2016. The allegations in the report are so serious that the Garda is investigating them on the grounds of reckless endangerment. We have a strong belief that the report in question will not be published. The professional people who carried out the Oberstown review and its recommendations on a contractual basis, and on the understanding that it would be published, have not been given any legal reason it cannot be published. If there is a legal reason and if redactions are necessary, why can it not be published on that basis? Even though there have been improvements at Oberstown - it could not really get much worse, considering the problems that have been encountered there - the reality is that HIQA reports which have been completed this year set out 38 child protection and welfare concerns, none of which have been concluded. In a number of those cases, the person who made the complaint was not even given an acknowledgement. These are children who are suspected of abuse. Some of the allegations were against staff members in the facility itself. We do not know if those staff members, and those referred to in the correspondence that has been leaked or provided under freedom of information, are still working there and still represent a potential threat to vulnerable children. I know the Taoiseach has bigger fish to fry today, but I am sorry to say that his initial response to me was a little disrespectful to the people at the heart of these matters.
Comment on this
As the Deputy has rightly stated, these allegations are very serious and are being investigated by the Garda. It is important that we allow the Garda to carry out its investigations and that we support it in its work in this area. I have not seen these reports, but I appreciate that we must always have regard to the risk that the publication of any report could prejudice an investigation and could make future criminal prosecutions more difficult. That must always be borne in mind.
Comment on this
There is no Garda involvement at Oberstown now.
Comment on this
I can answer one of the Deputy's questions by telling her that the board has communicated with the authors of the report. On the issue more broadly, I assure the House that the Government is absolutely committed to improving child protection in Ireland. We have established a Department of Children and Youth Affairs with a dedicated Minister at the Cabinet table. We have amended our Constitution to enshrine the rights of children in it. We have put Children First on a statutory footing. Last year, after many years, we successfully introduced mandatory reporting of child abuse. When I say that a great deal of progress is being made in this area, I do not mean for a second to diminish in any way the seriousness of the issues at Oberstown which the Deputy has rightly raised.