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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Child protection failings and deportation review

Summary

Mary Lou McDonald raised the assault of a ten-year-old girl in State care and argued the case showed wider failures requiring more than a referral to review. The Taoiseach acknowledged grave failings, said the case would go to the national review panel, and discussed broader reviews of child protection and deportation enforcement.

There is huge public shock and anger regarding the reported sexual assault of a ten-year-old girl on the grounds of the Citywest international protection accommodation services, IPAS, centre here in Dublin. A man in his 20s has been charged in connection with the assault. An Garda Síochána is to be commended for its work in making this arrest. Of course, our first concern is for the welfare of this young child. Tusla has confirmed that the child was in its care. This vulnerable ten-year-old girl went missing from Tusla's care while on a supervised trip to Dublin city centre. She was then reported missing to An Garda Síochána. She remained missing overnight, and she was then reportedly sexually assaulted.

How could a ten-year-old in the care of Tusla go missing on a supervised trip? There is a disturbing pattern of children in the care of the State and of this agency being failed catastrophically. We think of six-year-old Kyran Durnin, missing and presumed dead, three-year-old Daniel Aruebose, whose skeletal remains were found in Donabate last month, and, of course, 17-year-old Vadym Davydenko, who was stabbed to death at a Tusla care facility in north Dublin only last week. It really begs the question: what on earth is going on with Tusla? Why is this happening again and again? How is it that in our small country so many children can go missing?

Our thoughts today are with this ten-year-old girl, who has been so failed and violated, and with her family. Our thoughts are with all of the children that I have mentioned and with their families, who have experienced imaginable loss hurt and trauma.

It is also reported that the man now charged with this assault was subject to a deportation order issued in March of this year. How is it that a person issued with a deportation order remains in the country six months later? People are now asking how this was allowed to happen, why the order was not enforced and whether the authorities knew that he was still in the State. This violent incident deeply unnerves the entire community, in particular the local community in Saggart and the surrounding areas whose pleas for additional resources, including Garda resources, have been ignored. They now feel very betrayed and very badly let down.

Tá imní ollmhór ann i measc an phobail tar éis ionsaí gnéasach líomhnaithe ar chailín deich mbliana d'aois ag ionad IPAS i Citywest. Tá ceisteanna tromchúiseacha le freagairt anois ag Tusla agus ag an Rialtas. The safety and protection of our children must be the first and highest concern for all of us in this House. Children in the care of the State are the most vulnerable of all and yet they have been failed far too often with nobody held to account. This demands an immediate and strong response from Government. It is important the Taoiseach provides as much information as he can today without, of course, compromising the legal process. What action will be taken to hold Tusla to account for this ten-year-old child going missing from its care? Can he explain to people how the alleged perpetrator is still here six months after being issued with a deportation order?

Comment on this

The events of last evening are extremely serious and very grave. As the Deputy quite rightly said, our thoughts are about the well-being and welfare of the child involved and with the entire family. It is the fundamental duty of the State to protect the children of the State. Irrespective of the complexity, acuity or severity of any particular case, that duty has to be fulfilled and on this occasion, that duty was not fulfilled. This case will be referred to the national review panel. Legislation will be introduced to put that review panel on a statutory basis but the more fundamental point is that a review will take place. The Minister for children has asked for an interim report - certainly within six weeks.

I have to be careful as there is a live criminal case and a person has been arrested in respect of the alleged sexual assault of this ten-year-old girl, so I do not want to say anything that in any way compromises the conduct or progressing of that case but the Minister for justice has asked his Secretary General and the Department for a full report in respect of the management of the application for asylum case since the person first arrived in the country. There are issues there that certainly need review more generally.

I acknowledge the concern, anger and worry of many people throughout the country at what has transpired or alleged to have transpired here. The concerns are legitimate. The concerns of people generally across the country and within the specific location are genuine and I acknowledge that. We will put the full rigours of the State behind this case in all facets and all respects.

I do not want to conflate this with other cases. I do not think that is fair. The other cases are equally very difficult and grave. This has nothing at all to do with the case last evening but the Deputy mentioned last week in north Dublin. The number of unaccompanied minors presenting is increasing at a very rapid level. Those young people were not in the care of Tusla. They were being provided with housing - essentially emergency accommodation.

That is an important context for that case, so we should not conflate all the cases. There are different backgrounds to each case.

The State has a fundamental right to protect the well-being of a ten-year-old child. I would like the review to look at all aspects of the care of the child in question and to bring forward recommendations, because we need to challenge existing restrictions or potential restraints on care agencies in terms of looking after young children. This is a particularly complex area. It will be fully reviewed. The national review panel is independent of Tusla, which is important. We need an interim report as quickly as possible.

Admhaím go bhfuil imní faoi leith ar dhaoine agus pobal na tíre faoin méid atá tar éis tarlú. Táimid chun gach aon chóras tacaíochta a thabhairt don leanbh atá i gceist agus do chlann an linbh agus, mar aon leis sin, tuarascáil a fháil ó na hAirí agus na Ranna speisialta.

Comment on this

For any parent or anyone caring for a child, one of the worst imaginable nightmares is that the child would go missing or be assaulted, particularly in this way. As the Taoiseach said, it is not surprising at all that this case has caused profound anger and unease. I appreciate that he recognises that there has been a failure of the system in this case. That is a necessary acknowledgement. However, a disturbing pattern has emerged. This requires more than a simple referral to a panel. There has to be more action, because the most unnerving thing is that this happens to children in the care of, in accommodation provided by or who are known to Tusla and the State and again and again we hear these unimaginable tales.

Comment on this
Verona Murphy An Ceann Comhairle Independent

Thank you, Deputy. The Taoiseach to respond.

Comment on this

The second thing is this. There has to be confidence in the system of application for asylum and in our immigration system.

Comment on this
Verona Murphy An Ceann Comhairle Independent

That is a different question. Thank you, Deputy.

Comment on this

Any question mark around a person-----

Comment on this
Verona Murphy An Ceann Comhairle Independent

Time is up.

Comment on this

-----overstaying in the State when a deportation order has been made is, again, deeply unnerving-----

Comment on this
Verona Murphy An Ceann Comhairle Independent

Time is up, Deputy. The Taoiseach will respond.

Comment on this

-----and deeply unhelpful and has to be addressed by the Government.

Comment on this
Verona Murphy An Ceann Comhairle Independent

The Deputy is way over time.

Comment on this

I agree that there needs to be a specific review of this case, but we are not ruling out a wider review of all aspects of how we protect children. We use language like "children in care". That is used in a formal legal sense where a child is in care. However, this child was not necessarily in statutory care because there is an age limit in terms of that. These are important points because the Act is clear in the context of the age at which a child can be formally put into care. All these issues need to be reviewed. They are complex and important, and the legislation governing this area needs to be reviewed as well. I do not want to pre-empt anything here because a review is going to take place. However, my initial sense is that the agencies and authorities need maximum flexibility within the legal framework to do the right thing, namely what is right for a child at a given time.

Comment on this
Verona Murphy An Ceann Comhairle Independent

Thank you, Taoiseach.

Comment on this

Clearly, there has been failure of the State's obligation to protect this child.

Comment on this
Verona Murphy An Ceann Comhairle Independent

Thank you, Taoiseach.

Comment on this

The execution of a deportation order very much depends on the country involved, the potential country involved or the country alleged to be involved, that is, the country of origin, being in a position to receive a person. There can be a variety of reasons as to why that is not possible.

Comment on this