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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Review panel on child rape case

Summary

Deputy Catherine Connolly criticised the national review panel's failure to report promptly on the systematic rape of three children and called for accountability and an independent inquiry. The Taoiseach apologised for not having advance notice, then undertook to ask the Minister for Children and Family Affairs to provide an updated response.

My question is about the national review panel and its abject failure to complete and publish a report in a timely and efficient manner on the systematic rape of three young children. When the court case to try these crimes was concluded, Keith Burke was convicted of 23 of 39 sample charges of rape and buggery of the three children over a prolonged period between 2003 and 2007. Significantly, we know all of this not from any internal examination by Tusla or the HSE but from "RTÉ Investigates" and because the children, now young adults, were forced to give evidence when Mr. Burke pleaded not guilty. Consequent on the RTÉ programme which has become a familiar theme in the Dáil - a significant phenomenon in itself - questions were raised by other Deputies and me. Many fine words were used, including "courageous" and "brave" when referring to the children who are now young women, as well as "appalling" and "shocking" when referring to the crimes perpetrated.

The Taoiseach commended the bravery of Rachel, Sarah and Amy in telling their stories and said it would help others to come forward. They were fine words, but the reality has been confusion, obfuscation and delay. The Taoiseach's approach to date has not only added to the confusion, but he is also actively standing over a system that is failing the young women and utterly unaccountable. In one of his replies the Taoiseach stated an independent investigation would commence. He then told us that it had commenced and that it was nearing completion. He then told us that the fact there was a criminal trial in train impeded the investigation. The latter point is completely unacceptable and was pointed to by HIQA in a report commissioned by the Minister, Deputy Zappone, which clearly stated it was imperative that Tusla did not allow a criminal investigation to impede its statutory duty to protect and safeguard children. Two and half years later, we have no report, despite assurances that it would be published in October and November. The Government is standing over a review mechanism which, using the most benign interpretation, is tardy and inefficient. A more realistic and honest view is that the situation is perpetuating the abuse suffered by the children. When will the report be published? What is the reason for the delay?

I ask the Taoiseach to reply in the context of what a former chairman of the United Nations Human Rights Committee stated - that it was time the State stopped its automatic response to every scandal, being first to deny, then delay, lie and cover up and eventually, if forced, throw some money at it in the hope it will go away. Will the Taoiseach, please, answer my direct question directly?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I thank the Deputy. It is a very important issue, one in which the Deputy has taken a deep and genuine interest.

It was not a question that I anticipated would come up today so unfortunately I do not have an up-to-date note on this particular matter and I have not had a chance to speak to the Minister for Children and Family Affairs, Deputy Zappone, about it. I know there is absolutely no requirement for Deputies to give us any advance notice of the questions that are raised, but we do get it on occasion and it does at least allow me to get an up-to-date note.

I will certainly check with the Minister, Deputy Zappone, as to the reasons why the report cannot be published. I understand that sometimes reports cannot be published for good reasons. This may be because there is a criminal investigation or trial under way, and no one wants to do anything that might cause a criminal trial to collapse or a prosecution to fail as a result of information being put in the public domain that a defendant could use to get acquitted or bring a trial down. Also, sometimes people can take a case against a report being published and seek injunctive relief. Often there are reasons why reports cannot be published and they can be good ones. It is not necessarily because someone does not want them to be published.

I am told that on Monday last Tusla published its 2017 annual report of the national review panel. It also published five individual case reviews relating to children and young people who, sadly, died in care or in aftercare or who were known to the child protection services. Each of those represents a tragedy for the children and young people involved as well as for their families and those who cared for them. The annual report from 2017 does not cover the cases Deputy Connolly is raising today.

Comment on this

Perhaps a dignified silence for the three minutes might have been a better response. An independent review panel was set up to report on the systematic rape of three young children. Those adults came forward and said on a television programme and subsequently that they wanted an independent commission of inquiry. They said they wondered why they had come forward.

It is entirely unacceptable for the Taoiseach to stand up in the manner that he has and give inane quotes from reports. As Taoiseach he has a duty to ensure that the system is accountable. The Taoiseach cannot do a Pontius Pilate and wash his hands of it. It has been raised many times and the Taoiseach is fully familiar with the case and the independent review mechanism.

At this point, I have to ask serious questions as to the independence of the review panel. Why has the panel not communicated with the Taoiseach to tell him why there is a delay? Is there an absence of resources or staff? What is the problem? There is an absolute duty on the Taoiseach towards these three children to tell them that their suffering was not in vain.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

Perhaps the appropriate course of action for me would be to communicate with the Minister, Deputy Zappone, and ask her to provide Deputy Connolly with an updated position. I have no wish to insult Deputy Connolly or anger her any further by giving a different response to that. What I will do – I am committing to doing this – is ask the Minister, Deputy Zappone, to provide an update to the Deputy on where we stand with this particular, tragic case.

Comment on this