Dáil debates

Tuesday, 15 October 2024

5:00 pm

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I will begin by stating the absolutely central importance of child protection. While central to work in my Department, it must be something that every one of us is cognisant of and takes with the utmost seriousness. It is simply too important to be used as a political football.

Tusla, which falls within the remit of my Department, has a statutory duty under the Child Care Act 1991 to promote the welfare of children who are not receiving adequate care and protection. Referral rates to Tusla continue to increase year on year to more than 91,000 in 2023. That is an 11% increase over 2022. This can partly be attributed to increased awareness of child protection within society. In overall terms in the past number of years I have been able to secure significant funding increases for Tusla, which allow that organisation to address a number of significant cost pressures that have been placing increasing strain on its resources. In 2020, the overall budget for the organisation was €858 million. By budget 2024, that allocation had risen to over €1 billion. That funding package allowed Tusla to invest in and increase capacity in its own residential care provision. We also supported foster carers by increasing the weekly foster care allowance rate for the first time since 2009. This was in recognition of the importance of foster care in contributing to improved outcomes for children in care.

In budget 2025, the allocation for Tusla increased by a further 14% and for 2024 and 2025, the level of funding being allocated to Tusla means that roughly €1 in every €100 spent by the Government is directed towards Tusla, towards the most vulnerable children in our society. This demonstrates the prioritisation placed by the State on the work of Tusla. It provides a further platform for sustainable growth and accelerated performance development in the time ahead.

Even at this level of funding, Tusla faces many challenges with increased cost pressure in the provision of residential care and increases in the number of unaccompanied and separated children arriving here seeking international protection. The separated children seeking international protection service within Tusla has experienced a significant increase in referrals. As a result, Tusla has developed a strategic plan to increase its capacity to deal with these children and young people in residential units. I expect more accommodation to be made available shortly. There remain challenges in providing suitable placements for children in care. I am very much aware of the concerns around the use of special care arrangements.

In regard to the issue of the child care law reporting project that enables my Department and indeed the public as a whole to understand and get a sense of the rulings of family law and child care reports within the courts. This organisation has done extremely important work over the past six years. I have engaged with the organisation regularly. It is a service of reporting that I want to see continue. I have made it clear to the organisation that we will continue to fund child care law reporting. I have asked my Department to prioritise the allocation of a new funding round. We will make an announcement on that shortly.

Notwithstanding the significant improvements and investments that have been made in our child protection system, we cannot afford to become complacent when it comes to child safeguarding, nor can we assume it is the sole responsibility of mandated persons or experts. Tusla is available to support anyone with child protection concerns as to how best to deal with those particular concerns.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Sexual exploitation of children is one of the most grotesque and serious crimes that exist. It is a crime which causes misery in the lives of children and families. We all must do everything in our power to stamp it out. This is a growing problem, with abusers continuing to abuse positions of power and making greater use of technology and online spaces to hide and commit their crimes.

There were more than 40,000 reports in 2023 relating to online abuse. That is the highest number in history, with 29,000 reports containing illegal material, primarily child sexual abuse material. These are not statistics, these are children. All Members of this House, as public representatives, legislators, leaders in our communities and leaders of political parties have a responsibility to do everything in our power to protect children and to ensure that those who are responsible for this vile abuse are held accountable. This Government is putting children first. I put child protection and the voice of children at the very centre of our zero tolerance plan. We will always support victims. The national roll-out of the divisional protective service units, which are specialist Garda units where trained officers ensure that victims get professional and expert assistance, has been a game changer in providing consistent, dedicated and professional service to victims of sexual crime, including children.

The Minister for children has pioneered the roll-out of Barnahus. This is again about providing all of the essential services and supports to children who are victims of child sexual abuse and their families all under one roof. The establishment of a stand-alone Department of children in 2011, which was first led by then-Minister for children Frances Fitzgerald, has enabled us to put child welfare and child protection right around the Cabinet table. We are putting further, better structures in place to help identify victims in the community. Of course, we must target perpetrators and bring those who abuse children to justice. There can be no hiding place online or offline for anyone who commits these crimes. We have ramped up investment in An Garda Síochána. This has helped the cyber crime bureau and the national protective services bureau, all of which consistently work to support victims, identify, investigate and prosecute perpetrators. In the very near future, gardaí will have more assistance in facial recognition technology and other technology to identify victims and bring perpetrators to account.

We also want to support victims in Irish courts. A new family court is being established to ensure children are at the centre of our family justice system. Funding is in place to start a child advocate group and a project, which I supported, to assist children in having their voices heard in family law proceedings. All of these actions and much more are putting children at the very centre of the issues that impact them. We must ensure that any person who commits these crimes is punished appropriately. To that effect, I have already committed to carrying out a review of the existing sentences for child sexual abuse and child abuse material. We have to ensure that the sentences of those who are responsible match the serious nature of the crimes committed. These are the actions this Government is taking to protect children.

Recent revelations in relation to the handling by Sinn Féin of a very serious case of child sexual abuse is a source of great public concern. There remain a number of unanswered questions. I call on the leader of Sinn Féin, Deputy McDonald, to provide answers to this House and to the people of Ireland.

5:10 pm

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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One rotten apple spoils the barrel, or so the saying goes, but it should not. Every party, like every large organisation, is going to have members with history, problems and secrets. The true measure of a party is not about whether it has these rotten apples, it is how it deals with them. Nowhere is this more critical than when it comes to the safety and protection of our children. What we have seen in recent weeks, whether the McMonagle affair, the recent exodus of TDs amid claims of censorship and kangaroo courts, or indeed a Senator sending inappropriate texts to a child, Sinn Féin's management of the issues has been highly flawed. Whether in opposition or as a Minister of State, I have been on the record when it comes to the importance of safeguarding and holding organisations and people to account when failures occur. Sinn Féin representatives have stood in this House criticising the Government when issues of safeguarding arise, and rightly so. However, the Government at all times is transparent in how the issues are being addressed and the victims supported. Now that the spotlight is on Sinn Féin for such issues, this could not be further from the truth. Whether flip-flopping on the criminality of issues, leaving the British Heart Foundation in a very exposed position or ever-changing timelines at a time when transparency is so important, an acknowledgment of failures is required upfront and a readiness to address issues openly should be to the fore. Instead, the course of action from Sinn Féin appears to be one of delay, dismiss and deflect.

Sinn Féin says is the party of change, it says. If the change if offers in government is one which involves underhanded and shady ways of dealing with controversies, taking matters into its own hands and ignoring legal processes, to do away with transparency and operate in a culture of secrecy and then get offended when people ask for clarity regarding its paedophile press officer, censorship of party members, kangaroo courts, its Senator inappropriately texting a teenager, party cliques who play law and order instead of honouring due process, not to mention its members currently in prison and their gangland involvement, I urge an abundance of caution in allowing it anywhere near Government buildings.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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There are three more speakers on the Government side, one of whom is not here. Somebody might clarify that. The next speaker is Deputy Brophy. He has two minutes.

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael)
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I am sorry to say this in many ways but the Sinn Féin ethos we now see, which is so clear, is the ethos of "protect the party at all costs", even if that means child protection is put into a distant second place. That is a totally unacceptable ethos for any party. Sinn Féin has sent out its representatives including its party leader in recent days to peddle what amount, I believe, to falsehoods and to give the most inaccurate and misleading account of what actually happened in a number of areas. So many have been mentioned already. In the limited amount of time I have, I want to focus on one particular thing which Sinn Féin really needs to answer today. We learned last Saturday that what was then referred to as a senior Sinn Féin official was in September 2023 referred to the PSNI and social services for inappropriately texting a teen and was suspended from the party. We learned today that that person was a Senator but that person was Sinn Féin's leader in the Seanad according to the official record until January 2024. Sinn Féin stood there and had someone who was suspended from the party in September 2023 who remained, according to the information, its leader in the Seanad until 2024. Why? Why were we not informed? Why were people not made aware? More importantly, if Sinn Féin suspended somebody in 2023 and referred them to the PSNI, did the party make any effort to inform the local GAA club or any other organisation with which that person was involved? Is this another version of where Sinn Féin does not tell people things because it is again, "protect the party over child protection"? It is a serious situation to have anybody in any organisation who is deemed not to be worthy of reporting until maybe they leave the organisation and are no longer under its umbrella of protection. I hope Deputy McDonald will take the opportunity to answer those questions today.

Photo of Ciarán CannonCiarán Cannon (Galway East, Fine Gael)
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Let us be honest - we can no longer describe Sinn Féin as a party to be trusted in managing any aspect of child protection or child welfare. In fact, it is emerging to be must closer to a secret society where protecting the organisation is absolutely paramount above all other considerations including the welfare of children and teenagers. All we need to do is look at its track record in this regard. IRA member Seamus Marley raped two teenage boys in an IRA safe house in the 1990s. One of those boys later found himself in a psychiatric hospital. In court, he described how he rang somebody from Sinn Féin to get the help he needed and, following that call, he knew he was on his own in dealing with the trauma - protect the party. In 2000, Liam Adams confessed to his brother Gerry Adams that he had sexually abused his daughter from four years of age, yet Mr. Adams waited nine years to report this confession to the PSNI while his brother continued to work in youth services in Belfast and Dundalk - protect the party. When a 16-year-old Máiría Cahill was raped by a senior IRA member, rather than immediately reporting that crime to the police, an IRA kangaroo court was established and a deeply vulnerable teenager was subjected to the traumatic experience of facing her abuser in a back room in Belfast - protect the party. When a senior Sinn Féin press officer was suspended by the party for child sex abuse, his Sinn Féin staff colleagues then provided him with a supportive reference so that he could secure work in another organisation with access to children - protect the party. Just now, we are learning that Sinn Féin Senator Niall Ó Donnghaile, who sent inappropriate text message to a 16-year-old teenager, was allowed by you to continue having access to Leinster House for three months after he informed you of this. You, Deputy McDonald, failed to notify the Cathaoirleach of the Seanad of his reasons for leaving. Deputy McDonald knew why he was stepping down. She was an active participant in an effort to protect the party, issuing a press statement to thank him for his service.

I have a few questions, like many others, which deserve an answer today. Why did Deputy McDonald not immediately seek Senator Ó Donnghaile's resignation in September at the same time she was notifying the PSNI and social services of these text messages? Why did she not inform the Seanad that Sinn Féin's Seanad leader was in fact no longer a member of her party? Was he still in receipt of the leader's allowance during those three months?

If he was not, who was? Why did she choose to participate in deceiving the public into believing that Senator Ó Donnghaile was stepping down for health reasons when she was aware of the real reasons, which were to protect the party? That is all that seems to matter to her and it is done in a pretty ruthless manner to the extent that her own public representatives are now leaving her party because they, themselves, have been victims of that vicious ruthlessness.

5:20 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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I take the issue of child protection very seriously. There is nothing more important than protecting the safety and well-being of children and responding effectively when they are harmed. Ensuring that children are safe and cared for is a responsibility we all share, no matter who we are or our walk of life. It is something in which I passionately believe as a public representative, as the leader of a political party but also as a mother who has raised two children of her own.

Let me also state clearly that I believe strongly in accountability, in people taking responsibility for their actions and in there being real consequences for wrongdoing. Those of us in political and public life who work to bring about real, positive and lasting change for ordinary people have a special responsibility, and indeed an onus, to demonstrate those principles in action, to do our very best to ensure just outcomes and to correct in good faith any shortcomings. That is what the public expects of us.

For the record, Sinn Féin's approach is guided by the welfare of children, governed by robust disciplinary procedures and ensuring that the rules of the party are applied by the book. I welcome this opportunity to put on the record of the Dáil how my party has responded to very serious matters that have been the subject of public commentary, questioning and concern. I propose to address each of these matters in turn and clarify how my party responded in accordance with the standards I have set out.

Michael McMonagle is guilty of vile and egregious offences against children. His actions were despicable, disgusting and criminal. There is no crime more heinous than the abuse and sexual interference with a child. The trauma caused is always deep and it lasts a long time, often a lifetime. He will now face the full weight of the law and his victims will see him punished for what he has done. McMonagle was immediately suspended as a member of Sinn Féin and from his position as press officer when first questioned by the PSNI on these matters in 2021. The PSNI has pursued its investigation to a successful outcome.

In our response to the McMonagle case, Sinn Féin acted entirely properly and in accordance with child protection protocols. What we did not know, but was brought to our attention on 25 September 2024 by way of a media inquiry, was that two of McMonagle's former colleagues and employees of Sinn Féin had provided him with employment references while he was suspended and under investigation for these most serious crimes. This represented gross misconduct on the part of Seán Mag Uidhir and Caolán McGinley. They did not have the authority to give these references, they did not have the permission of the party to give these references and had they sought that permission, permission would never have been given. I, for the life of me, cannot understand why anyone, any rational decent person would give a reference to somebody under investigation for such crimes. The providing of those references was unacceptable, reprehensible and, quite frankly, unforgivable. I am furious about what they did as is Michelle O'Neill and we are angry for McMonagle's victims.

Neither Mr. Mag Uidhir or Mr. McGinley came forward to tell the party they had given these references. Once we became aware of their conduct on 25 September, the party's disciplinary processes were immediately initiated. Both men resigned as members of Sinn Féin and from their paid employment on Saturday, 28 September. They knew that their actions were sackable offences so they jumped before they were pushed. They were held accountable for their actions and they faced the consequences of their wrongdoing. They no longer work for Sinn Féin, they are no longer members of this party and they never again will be. We acted decisively and swiftly because at the heart of all of this are serious crimes against children and the safety of children.

The issue surrounding the party's human resources, HR, manager emerged later. In August 2023, following media reports of charges against McMonagle, the British Heart Foundation contacted the Sinn Féin HR manager to verify the identity and email address of the senior press officer who provided the reference. This was not communicated up the chain. It was only on 3 October last that we discovered that this had happened. It was a very serious omission and a breach of the party's standards. I want to take the opportunity on the floor of the Dáil to apologise to both the British Heart Foundation and the young Dáithí Mac Gabhann and his family for being dragged into this controversy. The British Heart Foundation does incredible work. Daithí and his family have inspired real change and we look forward to working with them today and in the future.

I have initiated a complete overhaul of our governance procedures to correct issues and shortcomings arising from this case. I am determined that any grey area, any doubt or any lack of clarity that exists in any part of the management of our organisation will be fully audited and clarified. These are, inter alia, guidelines for the issuing of references and who has the authority to provide them, the issuing of work passes and their withdrawal in cases of suspension, the integration of our child protection protocols and our HR functions and, to clarify for the avoidance of doubt for any member of staff or of the party as regards procedures; what needs to be communicated, flagged and to whom.

The resignations from Sinn Féin of Deputies Patricia Ryan and Brian Stanley are in no way related to matters of child protection. To avoid any confusion or conflation of these issues, I want to address them directly.

The resignation of Deputy Patricia Ryan was precipitated simply by a contested selection convention in Kildare South ahead of the forthcoming general election.

The circumstances, however, surrounding Deputy Brian Stanley's resignation are very, very serious. The party was first contacted on 26 July by the complainant. The disciplinary committee wrote to the complainant on 1 August and on 2 August of this year, the party received a formal complaint against Deputy Stanley. I was informed of this complaint a day later on 3 August. The disciplinary committee wrote to Deputy Stanley on that same day to provide him with a copy of the complaint. Deputy Stanley had spoken to me at the end of July and had indicated his anxiety that there might be a complaint made against him. He did not elaborate on the nature of the complaint that he was expecting to be made. I assured Deputy Stanley that any complaint would be handled fairly by the party's procedures. When the formal complaint was made, it was processed through those procedures, which are independent, at arm's length from the party, conducted without prejudice and overseen and supervised by a practising barrister. The party's complaints processes are confidential and protect the rights of both the complainant and the respondent. No third party is privy to the process.

At all stages, Deputy Stanley engaged legal representation and had a solicitor and a barrister present during the inquiry. I was unaware of the details of the complaint until last Saturday night, 12 October, following Deputy Stanley's resignation from Sinn Féin, which had the effect of bringing the party's process to an end.

Let me be very clear that the complaint made against Deputy Stanley is very serious and relates to an incident that took place in October 2023 and relates to Deputy Stanley's personal behaviour, leaving the complainant, in her words, "traumatised and distressed". In the course of the inquiry into the complaint against Deputy Stanley, he raised a counter allegation against the complainant, which was a very serious one.

The allegation caused deep concern and Deputy Stanley was advised that he should go to the Garda. He chose not to. Deputy Stanley's allegation also dates back to the incident of October 2023. From the time of that incident until the complaint was made - almost a full year - Deputy Stanley has not brought his allegation to the attention of the Garda.

When our preliminary inquiry was completed and the report furnished to all parties, the head of our disciplinary committee sought legal advice. This was provided to our party chairman and resulted in a referral to An Garda Síochána. Sinn Féin referred all matters, the complaint and the counter allegation, to An Garda Síochána on Sunday 13 October to the Kevin Street Garda station in Dublin. We have done so given the very serious complaint and very serious counter allegation. Let me say this just to be absolutely clear: Deputy Stanley is responsible for his behaviour and he must account for it. For our part, Sinn Féin responded to a serious complaint and counter allegation in a correct and a fair manner.

A further issue that has been the subject of public commentary relates to an incident where a Sinn Féin representative sent inappropriate text messages to a 17-year-old. That representative was former Senator, Niall Ó Donnghaile. On 11 September 2023, a party councillor received a complaint that an inappropriate message had been sent by Niall Ó Donnghaile to a 17-year-old male party member. The young man wanted this to stop and he wanted no further contact to be made to him by Niall Ó Donnghaile. On 12 September, the chairperson of Belfast Sinn Féin was informed of the complaint and so began the formal party procedure. As part of the party's inquiry at the time, we were informed of a second individual receiving inappropriate text messages from Niall Ó Donnghaile. This person was an adult. He was advised of his right to make a formal complaint but he chose not to. On 13 September, in line with our child protection guidelines and given that the complainant was under the age of 18, Niall Ó Donnghaile was suspended from the party and the issue was immediately referred to the PSNI and social services in the North to investigate. This was clearly not a matter for any political party to adjudicate on. The PSNI investigates crime and social services supervise safeguarding issues and processes. On 27 September, the PSNI informed the party that there was an agreed joint investigation between the PSNI and social services. No formal investigation followed. The PSNI also informed us that the young person was content with the actions taken by the party. There was no finding of illegality and no criminal charges were pursued. However, Niall Ó Donnghaile actions were not acceptable. This view was made clear to Niall Ó Donnghaile at a meeting on 5 October involving the party chair, the chief whip, and the chairperson of Belfast Sinn Féin. At that meeting, Niall Ó Donnghaile stated that he would be resigning both from the Seanad and the party.

Sinn Féin's actions were, first, guided by concern for the young person at the centre of this incident and, second, by the need for accountability and consequences for the actions of Niall Ó Donnghaile. He faced those consequences, ones that were proportionate to his unacceptable behaviour. The party had received legal advice against naming Niall Ó Donnghaile as there was no criminal charge brought against him. However, the question may be asked and has been asked legitimately, as to why Sinn Féin did not inform the Oireachtas of the circumstances of Niall Ó Donnghaile's resignation as a Senator. That is a fair question; let me answer it. In the summer of 2020, Niall Ó Donnghaile was on extended leave from his duties in the Seanad due to very serious mental health issues. Following the complaint, we were advised that Niall Ó Donnghaile was again suffering from a mental health crisis and was deemed medically unfit for work by his doctor. We were very worried that publicly naming him would be dangerous to his health. That is not to make an excuse for his behaviour but we had very serious concerns for his mental health and his safety and I still hold some of those concerns to this very day.

Niall Ó Donnghaile publicly resigned on 21 December last and on that occasion I wished him and his family well. I acknowledged his work in the past and above all I wished him well in dealing with his very significant health challenges. Niall Ó Donnghaile was held to account as a result of the procedures in our party pursuing accountability and consequences. The matter was referred to the PSNI for criminal investigation and to the social services as a direct result of the procedures of our party. This case has clearly impacted especially on the young person receiving these unwanted and inappropriate messages. Despite the position that Niall Ó Donnghaile held in our party, he has been held to account, and the safety of that young person has been the foremost concern.

I accept that these matters have provoked genuine public concern and it is absolutely fair that legitimate questions are put to the party on how we handle these issues. I have endeavoured today to bring clarity because there must be accountability for wrongdoing and consequences for wrongdoing. I make no apologies for applying Sinn Féin's disciplinary procedures. The procedures are there for a purpose and they apply to all members whether a TD, Senator, councillor or grassroots member of the party. They are applied without fear or favour. In each of the incidents I have referred to today the Sinn Féin rulebook has been applied and, where appropriate, referrals were made to An Garda Síochána, the PSNI and social services. That is the standard that we have implemented.

Political organisations are human organisations and there is often no accounting for the actions and behaviour of individuals. That is true of life and that is true in politics. I think that everyone in this House agrees that child protection and matters of child safety are of the outmost importance. Fine Gael and Fianna Fáil say they are not looking to make a political football out of child safety. People will make up their own minds on the sincerity of those statements. There is one thing I know for sure: attacks will not deliver progress, will not get us to where we need to be, will not make one child safer and will not help any of us to do better. Let me be clear. I will work with purpose to ensure that child protection, safety and well-being are a priority not only for organisations but society at large. I will work tirelessly with anybody from any party or none who sincerely shares that aim. In Sinn Féin on my watch, we will not back down from dealing with the most difficult of circumstances and from ensuring accountability, but we will call out political opponents attempting to exploit these issues for electoral advantage. Ladies and gentlemen, your cynicism is matched only by your hypocrisy, which is truly, truly breathtaking.

5:30 pm

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael)
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The Deputy is in no position to say that.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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The political cut and thrust-----

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael)
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The Deputy is in no position to say that.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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The political cut and thrust can be bruising, and I accept that this comes with the territory, but as we now get ready to go to the people and as we ask people for their votes and their trust, we should remember there is a fundamental responsibility to the children and young people at the centre of these matters and that responsibility, and that responsibility alone, should be the priority for all of us.

Photo of Ivana BacikIvana Bacik (Dublin Bay South, Labour)
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In any discussion of child protection, we must think first of survivors and victims of childhood abuse. Their needs and rights must be front and centre. Child protection procedures are in place to protect children. That may sound self-evident but it can sometimes be lost in translation. In my previous life as a practising lawyer, I had the experience of representing survivors of abuse in court and before the Residential Institutions Redress Board.

Through that work, I witnessed the traumatic impact of childhood abuse upon people and the impact that flawed procedures can have on survivors who bring complaints or allegations and who bring their experiences of abuse before institutions. That work has shaped my understanding of abuse and its impact. Many survivors have described to me their experience of being re-traumatised by processes that were flawed, for example, by the redress board in the 1990s. That is why robust processes and measures for child protection are so vital. It why we now have best practice in place and a better understanding of child protection. I would never draw an equivalence between the redress board of the 1990s and what has triggered this debate. However, common to this, is the need for robust and survivor-centred processes. We have learned in Irish society how to strengthen our child protection procedures. We have put new legislation in place in recent years. The approach taken to the recent scoping inquiry on sexual abuse in religious-run schools has adopted a clearly survivor-centric focus, which is welcome. We cannot avoid difficult conversations about abuse, wherever it occurs, whether in religious-run institutions or other organisations such as sports bodies or political parties.

It is not helpful, when we are discussing this and when serious allegations are made and serious experiences of child abuse are at issue, to hear political leaders deflect or seek to deflect blame or deter others from speaking about this. Political parties are member-based organisations and I speak as a party leader. As with any member-based organisation, there is a limit to the control the leadership has over conduct of members or employees, but what is in the control of the leadership and the party leader is ensuring that robust procedures are in place to guard against abuse or inappropriate conduct and to protect children.

No one should ever be in any doubt as to what is or is not acceptable behaviour at a party event or what is or is not acceptable behaviour from individuals who are representing a party. The need for such rules is evident and is of particular importance when we speak about child protection. We in the Labour Party have updated child protection policies in place. As required under the Children First Act 2015, relevant staff and volunteer co-ordinators receive child protection training on appointment, as these individuals are in contact with children under the age of 18. A designated, full-time staff member is responsible for child protection and has had comprehensive training. Where a complainant makes allegations of criminal behaviour, we are very clear. That complaint is referred by our general secretary to An Garda Síochána within 14 days. No organisation should investigate matters by itself which are more appropriately dealt with by the police or Tusla. This is our party's policy, embedded in our standing orders and, as it happens, it is also the law.

Today's statements are taking place in a very particular political context, with fallout of revelations about internal disciplinary processes within the largest Opposition party, Sinn Féin. Some of the defences of party processes and some of the responses I have heard, including those of Deputy McDonald, have been, frankly, incredible. Of course due process must be guaranteed. What I cannot imagine as a party leader is a general secretary keeping complaints of gross misconduct about a TD or a Senator from the leader of party. If that situation came to be, I would have to conclude that the relationship was untenable.

If Sinn Féin's internal procedures are as robust as its party leader has claimed, following the resignation of Deputy Stanley, I wonder why she was prompted to order a review of them when the revelations about Michael McMonagle's conviction and how that was dealt with emerged. If the buck stops with Deputy McDonald, as she says it does, I cannot understand why she did not show any curiosity when it was drawn to her attention that a senior colleague was the subject of a serious complaint. Many questions remain outstanding about the case of Deputy Stanley. In particular, when did Sinn Féin learn that a criminal matter might be involved and why did the party wait until Sunday, when Deputy Stanley had resigned, before the matter was referred to An Garda Síochána? We have not heard answers on those questions.

I want to focus on the child protection matters that this debate is about. In recent days, we have learned that in Sinn Féin a former senior official was convicted for sexual offences against children and, now today, that a former Senator was suspended for sending inappropriate messages to a child. Our thoughts first must be with the victims in both cases. Three things are common to both cases: a lack of regard for victims; a culture of secrecy and cover-up within Sinn Féin; and a lack of robust processes to deal with abuse, where it occurs.

This culture within Sinn Féin is not new. I have spoken at length with my friend and former Labour Party Senator, Máiría Cahill, in recent days. She is in the Public Gallery for this debate. Máiría was subjected to an internal process which re-traumatised her. The party closed ranks against her and denied her justice. She was subjected to an internal investigation which forced her to confront her abuser. I witnessed her good name being dragged through the mud by Sinn Féin representatives, with whom I had worked, following the disclosure of her abuse. Máiría's allegations relate to abuse some years ago but the cover-up by Sinn Féin occurred in the last ten years. In the context of this debate on child protection, I think all of us are concerned that these recent revelations suggest that things have not substantially changed within Sinn Féin despite the changes in Irish society and our renewed and strengthened understanding about child protection.

Today, it emerged that the former Sinn Féín member who sent inappropriate texts to a child is former Senator Niall Ó Donnghaile. The child and other person affected must be foremost in our thoughts in responding to that development because we now know there were two individuals to whom texts were sent. Protecting their privacy must be paramount but there are valid questions as to how this was dealt with by the party. Notwithstanding Deputy McDonald's description of events earlier, a number of issues remain. Was there a secret suspension of former Senator Ó Donnghaile? We understand that the leader of the Sinn Féin group in the Seanad continued to hold office between September and December 2023, notwithstanding the suspension that had taken place. When Mr. Ó Donnghaile eventually stepped down in December 2023, it was implied or suggested that the only reason for doing so was ill health. Is this the way Sinn Féin deals with complaints against its public representatives? The statement from Deputy McDonald marking his resignation, issued in December 2023, went beyond wishing him well. It paid tribute to his eight years "giving voice to Northern nationalists". It spoke of his diligent service and valuable contribution. Of course, we know that no criminal investigation ensued but we understand that Mr. Ó Donnghaile remained active in the GAA. We must assume hat Deputy McDonald issued her commendations of him after he had been suspended by the party leadership. From this, a number of questions arise. Who suspended him? Who was the press officer who released the Sinn Féin statements on Niall Ó Donnghaile in December 2023? Did the party leader know in September that he had been suspended or was that done without her knowledge? Did she know in December, when she issued commendations of him, in that press release? If she did not know in September or December, then who is in charge of the party? Is it elected representatives at all?

Transparency has become the word of the day among those defending internal party processes. However, those Sinn Féin TDs who have been sent out to the media in recent days appear to be unclear on the most basic details of the processes in place in the party. We need transparency. We need to know how many inquiries of this nature are ongoing within Sinn Féin. Is there a parallel justice system being run by a political party in the Oireachtas? Is the existence of such a process, in any party, at odds with what is now accepted as minimum child protection standards?

I want to raise some forward-facing and constructive proposals. Where individuals, particularly children, are at risk, relevant authorities of course must be involved. As regards everything else, ultimately, it is the public who can make up their minds about Sinn Féin and its credibility. Our task as legislators is to decide and take action on further measures that are needed to safeguard children and vulnerable persons.

In the past two weeks in the Dáil and before the revelations emerged about Sinn Féin, I put to the Taoiseach that we in the Labour Party have drafted a Bill to make unincorporated associations accountable for paying redress where abuse has been committed by members or by those under the control of those organisations, employees or senior members, for example. This Bill was drafted in the context of the scoping inquiry into sexual abuse against children in religious-run schools. The Bill would apply not only to religious orders but also to other unincorporated associations, including political parties. It would fill a legislative gap, a vulnerability in our system, which places victims at risk of organisations that choose to evade accountability or redress.

This House should today debate how best we can ensure accountability and appropriate responses within our parties, where instances of abuse occur or where children or vulnerable persons are at risk. The Taoiseach referred to our legislation while he was in Washington last week. He said that our Bill would be referred to the Office of the Attorney General for review. I raised the matter with him again today on the Order of Business and he confirmed that the Bill had been referred to the Attorney General. That is welcome. I would like to see the Bill become law. As legislators, we need to be vigilant to ensure that best-practice processes for child protection are in place in every organisation. This applies to religious-run schools, sports bodies and organisations and of course political parties. Victims and survivors of abuse deserve nothing less.

5:50 pm

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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Child protection is a really important issue for every organisation in the country, including political parties. As politicians, we routinely hold others to account. It is unfortunate that the leader of Sinn Féin has now left. I appreciate that she came here today to bring more transparency to what is happening in her party but I have to highlight her glossing over of the glowing statement she made about the former Senator, Niall Ó Donnghaile, when he resigned. Whatever about not publicly naming him as the centre of allegations because of concerns about his mental health, her statement was utterly glowing. She wished him the best for the future and said that had served diligently and made a valuable contribution to politics here and in the North. The reality is that the former Senator was resigning in disgrace and that a referral had been made to the PSNI in respect of his inappropriately messaging a minor. Deputy McDonald knew about that. We need to know what she now has to say about her glowing statement. Much of her speech involved lambasting press officers in the party for giving glowing references. It does not seem that the same standard has been applied to her statements. She said that the minor in question was at the centre of Sinn Féin's actions with regard to the case of that minor and the former Senator, Niall Ó Donnghaile. I wonder how that minor felt reading that glowing reference. Deputy McDonald needs to explain that reference. At present, it seems that it was incorrect. It said that the Senator resigned because of mental health issues. That was the reason given for him leaving. In fact, that was not the case.

These statements on child protection should not go by without us actually making statements on child protection so I will speak a bit about our own party's child protection measures. It is imperative that political parties have robust child protection policies and measures in place. These policies have to be examined, reviewed and updated regularly to ensure they are sufficiently strong. Child protection is a key priority for the Social Democrats. Our child safeguarding policy and protocol has been drafted in line with best practice and expert advice. It was developed in line with the requirements of the Children First Act, the guidance associated with that Act and Tusla's child safeguarding policy.

Our safeguarding policy has four main aims: to provide a safe environment for children who are in contact with party employees and members; to safeguard the well-being of children and intervene when necessary to protect their rights; to put in place clear procedures for dealing with and reporting suspected or alleged cases of child neglect or abuse; and to help party employees and members to recognise the signs of child neglect or abuse. As part of our procedure, we have a dedicated liaison person, our general secretary, who is the person appointed by the party to be responsible for ensuring that reporting practices are followed. This ensures that any child welfare or protection concerns that arise are promptly referred to the relevant statutory authorities.

With respect to any and all activity within the party, all Social Democrats employees and members have a responsibility to safeguard children. Any concerns that arise regarding child welfare or protection must be reported to the designated liaison person. If any concerns are reported, a comprehensive process involving consultation with a Tusla duty social worker then begins. If a child protection or welfare concern exists, information must be shared with the relevant statutory authority and, if appropriate, with parents or guardians in the best interests of the child. At all times, the overriding concern is best practice and the safety of the child. If a child discloses or hints at abuse, harm or risk, the party has a clear process in place. This involves reassuring the child, emphasising that he or she is not at fault and following child protection guidelines and procedures. In the event of an emergency, there is an onus to take whatever action is necessary to ensure the safety of the child. Sometimes, the nature of our political work and activism can mean that children are present at various events or activities. In such circumstances, clear procedures are in place.

Having set out our own policies and procedures, I will note a few points. No political party or organisation can control the behaviour of other people, whether that is its employees, its elected representatives or its party members. However, if a situation arises where a child abuser or somebody who poses a threat to children is operating in an organisation, it is imperative that he or she is identified, the proper authorities are notified, the person's capacity to pose a threat to children is ended and he or she is investigated and prosecuted. I might add that we should not give them glowing references. As leaders and members of political parties, we all have a role to play in child protection. It is crucial that we are all up to that task.

Those on the Government benches have a duty to safeguard not just children in their own political parties, but also children nationally. The State has a history of failing to protect children. I refer to the horrific legacy of industrial schools, mother and baby homes and abuse by religious orders in schools. The Government continues to fail in its duty. There are significant staff shortages in Tusla, which mean that at-risk children continue to be failed by the State. A HIQA report published a few months ago found that children's care services did not have sufficient staff numbers to provide adequate services to vulnerable young people. It said Tusla "had insufficient numbers of appropriately qualified, skilled and experienced staff to provide consistent and timely services to some children." It continued to say that "a significant number of children were waiting to access the right service at the right time and some children were placed in services that were not appropriate to their assessed needs."

Earlier this year, a High Court judge warned that nothing was being done about the crisis in our care system, predicting a tsunami of cases. The Government did do one thing, however. The project that was highlighting these cases and the wholesale failure by Government in this area, the Child Law Project, was shut down. It is shameful that, at a time when the Government has more money than it knows what to do with, it could not find the relative pittance required to fund this project. Earlier this year, the Child Law Project's latest, and now final, report described a care system that was utterly dysfunctional and totally overwhelmed. It stated that multiple judges were in despair at the system of care for children in Ireland. It should be remembered that these are some of the country's most vulnerable and traumatised citizens. They desperately need the protection and support of the State but they are being ignored or abandoned by a system that is completely inadequate and, on occasion, dangerous. This is what the Child Law Project consistently highlighted since it was established in the teeth of our worst ever recession, in 2012. We could afford it back then but apparently there is no money for it now. It is shameful and disgraceful. Withdrawing funding has all the appearance of the Government seeking to shoot the messenger rather than dealing with the issue it is communicating. I urge the Minister to reverse this decision today because there is a crisis in the care system.

Things are so bad that the Children's Residential and Aftercare Voluntary Association has called on the Government to conduct an independent review of the children's care system. According to the association, whose members all work in this area, Tusla and the Government are failing to uphold their statutory duty to children and young people in care. These sentiments were echoed by the Ombudsman for Children, Dr. Niall Muldoon, as recently as a few months ago. Dr. Muldoon is quite clear that the State is failing to meet its commitments and obligations to children with disabilities and those in State care and that it is not providing all of the school places required. One case his office investigated this year involved a 16-year-old wheelchair user who has to sleep in the sitting room and use a commode because the doors in his house are not wide enough. There is a €24 billion surplus this year and children are being forced to live in those kinds of conditions. It is an indictment of this Government and its track record of monumental waste and failure to target resources where they are needed the most.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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The Minister, Deputy O'Gorman, opened by saying that child protection is simply too important to be used as a political football. In fairness to the Minister, he did not engage in political football through his speech. He set out some issues regarding child protection, which I will get into because his Department's approach is very inadequate. That approach of not using this issue as a political football lasted for as long as the Minister was speaking. All subsequent Government speakers were all about using it as a political football.

The reason we are debating this today, shamefully, is for the topic to be used as a political football. Most people around the country are quite unhappy to see that this is how this issue is being treated. I am not interested in engaging in that. I am interested in raising some serious issues of child protection that are the responsibility of this Government, which has had the power to remedy all of these serious issues for the last five years. Between them, Fianna Fáil and Fine Gael have had that power for 100 years but have chosen not to do so. The Government has the biggest budget surplus in the history of the State and has chosen not to remedy the serious child protection failures which are ongoing across the State right now. That tells us a lot about where the Government's priorities lie. I believe they are not with child protection but, instead, with corporate protection, protecting the interests of big business and the wealthy in this country, and to hell with everyone else, including particularly vulnerable children.

The Ombudsman for Children said last July that the State should ask itself how it has fallen so far that it is unable to provide a highly vulnerable child in the care of the State with a safe and stable place to live and a social worker, a trusted adult that they know will care for them. He answered that question by stating it is a combination of Government intransigence and neglect. That neglect is obvious when we look at the treatment of children in the care of the State and in the care of private companies contracted and paid for by the State, which families themselves sometimes have to pay, an issue I will come to. The Child Law Project reported last July that judges were in despair over the lack of appropriate places for children in care and that this was having a domino effect that risks collapsing the care system. One judge warned that the lack of places was a tsunami about to reach shore and nothing was being done. He said it was only by the graces of God that some of the kids involved were still alive.

The Government's response was not to deal with the crisis in the childcare system but to end funding for the Child Law Project. It shut down the only public source of information we have on the childcare system. Researchers have not been sent to observe court proceedings since June because funding for the project has been axed. We have reference in the Minister's speech to a new reporting system, sharing the opinion that court reporting is important and should be retained into the future. That would give the impression that is happening right now. It is not happening right now. It needs to be reinstated. It seems that it will be several months, at least, before a new reporting system is established. We need a date, and should have had one from the Minister today, for when this vital reporting will be re-established.

Fears that children without an appropriate care place are at risk of death are well grounded. Last year, 29 young people in care, in aftercare or known to Tusla died. Twenty-three died in 2022. Those tragic deaths are only the tip of the iceberg. What lies beneath is a maelstrom of underresourcing and State neglect. The crisis in childcare places is now so bad that vulnerable children are routinely being warehoused in Airbnbs and holiday homes operated by private, for-profit companies and staffed by unqualified attendants. Of course, the companies involved are making a tidy profit. "Prime Time" reported last May that 166 minors were left in this type of unsuitable private accommodation. Shockingly, that includes babies, toddlers and preschool children as well as older kids. Conditions in some cases are so bad that charity workers and social workers have been left in tears after visiting the children. Of course, the Government knows all of this. This is not news. It chooses not to fix it despite the billions available to it. It chooses not to improve wages and conditions for social workers, finance the construction of purpose-built, appropriate care facilities or support families to prevent children from being taken into care in the first place.

With respect to supporting families, the Government is failing badly. I have tried to highlight repeatedly in this Dáil the way in which the supervised access system is being exploited by unscrupulous private companies. It illustrates the failure to support parents and the failings in the public system. Current and former access supervisors, as well as parents, have contacted me to explain how this has become an ethics-free exploitation zone for profit-hungry private companies. Unlike every other European country, we have no public supervised access service. It is exclusively provided by private companies. The State, in the form of courts, says the only way people are going to see their kids is with supervised access, but the State refuses to provide any service for such access. Private companies are the only ones which provide it. Parents have no choice but to pay large sums of money to private companies to see their children.

I have a costings list from one of those companies, Supervised Access Ireland. The rates are €34.75 an hour, from 10 a.m. to 6 p.m., Monday to Saturday, and €44.50 an hour on Sunday. If parents want to see their child for four hours, they have to pay between €139 and €178. For people on the minimum wage, that is more than a third of their weekly wages. It is up to three quarters of the weekly payments for someone on jobseeker's allowance. On top of that, some private companies are additionally overcharging parents. One parent forced to use the services of Supervised Access Ireland said they had to pay for a three-hour visit when getting two hours and had to pay for a four-hour visit when getting three. It is hard to comprehend this as anything other than a State-sanctioned form of ransom, and a profitable ransom at that. Supervised Access Ireland charges parents more than double what it pays supervisors in their wages for the equivalent time. Children as well as parents suffer from this. Kids cannot see their parents because the parents cannot afford the extortionate fees the private companies charge.

I asked the Taoiseach about this last summer. I asked if any financial assistance could be provided for parents. He replied that it was the responsibility of the parents to pay for access arrangements and that they were obliged to pay private companies for the service. He said he acknowledged the stress that this can cause for families. The Taoiseach acknowledges the stress for vulnerable kids missing their mother or father but he does not propose to do anything about it despite having a €25 billion surplus. Bear in mind the children in access situations have already lost a significant amount of contact with their parents. Now the State is standing over a situation that makes it harder for them to rebuild their relationship with parents who want to see them and to rebuild their relationship. It is cruelty by the State to the children.

To make matters worse, the service being provided by some of these private companies is substandard, to put it mildly. Employees have told me that workers were hired and sent on shift without any face-to-face interviews or even the most basic of checks. They said that in more than one instance, an access worker was sent out without any Garda vetting being done as well as not having appropriate checks with regard to indemnity insurance. This was allowed to happen with vulnerable children who were in the care of the State all over the country and facilitated by the company to maximise profits. This company maximises profits at the expense of the safety and well-being of children. When I raised this scandal in parliamentary questions to the Minister, he claimed that Tusla ceased using the services of this particular company in February 2024. However, Tusla records show that it has paid the same company over €100,000 for its services for this year, 2024. That would be a very large sum if it was only working for six weeks. I also have it on good authority that supervised access jobs are still being advertised by the company in question. If there is a sum-up at the end, perhaps the Minister could address this and at least pledge to investigate it. If the Government is serious about child protection and is not just using it as a political football to score points, it must act to fix the broken child protection system.

The final point I will make is that another party leader referred to how if a complaint was made against a senior elected representative in her party, she would know about it. That is troubling. Good practice here is to have an independent process and for the party leader not to be told. I do not know whether Deputy Mary Lou McDonald was told or not but I know that good practice would be for her not to be told about a complaint. Things should be done genuinely independently. That was quite concerning and questions need to be asked.

6:00 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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The last number of weeks have been shocking to people. The scandals that have emanated from Sinn Féin daily have been incredible. The conviction of an ex-Sinn Féin press officer, Michael McGonagle, for child sex offences has horrified people. The incredible way that it was handled is stunning. That there is not the necessary cop-on, common sense and decency for two very senior individuals in the press office not to have done what they did is amazing. It is also incredible that the necessary protections were not in place to prevent that when their judgment failed them.

There is a defensive "us against them" instinct within Sinn Féin which is, to be honest, a legacy of the Troubles. It feeds into the instinct to protect the party over other things. There is also an incredibly centralised decision-making process within the party. Not only does that slow down decision-making, it also reduces the competency of many senior officials because they are so unused to making decisions for themselves. How all this was handled by the leadership, in a drip-feed fashion, is also incredible. The current leadership of Sinn Féin are not backwards in coming forwards to hammer other political parties when they have done wrong, and rightly so, but they are not living up to the high standards they set for others. I know from talking to many supporters and members of Sinn Féin around the country that they are also horrified by the lack of leadership in Sinn Féin in recent years.

It must also be said that it is quite shocking that we are only having a debate on the issue of child protection in this Chamber when it is politically charged. There is significant hypocrisy bouncing off the chairs in this Chamber today. I feel sick to my very stomach that we only get a debate on child protection when it is in the context of the political events that have happened in the past two weeks. I have looked around the Chamber at the Government benches and have seen people who have not been here for weeks. I see them chomping at the political bit. I see tweets from Regina Doherty, MEP and press statements from Deputy Ciaran Cannon and the Minister of State, Deputy Carroll MacNeill, has condemned Sinn Féin for what they have done but people should not be fooled into thinking this Government is concerned for the well-being of children around this country.

The reason I am so frustrated is that for the last five years I have been raising the issue of child protection in this House and I have been stonewalled by Ministers. When I table general questions, I am told that they are too vague and cannot be answered. When I table detailed questions, I am told they are too specific, that individuals could be identified as a result and they are not answered. When Tusla or An Garda Síochána release information it is often intentionally complicated and convoluted, making it impossible to decipher. In some cases, Tusla and An Garda Síochána have given me documents and both are completely contradictory. I watched the Minister of State, Deputy Browne, ram legislation through this House that greatly reduced the penalty for criminal exploitation of children. He was enabled in doing so by the Opposition, as well as Government backbenchers, who did not bother to show up for the debate.

Statistics released to Aontú in response to parliamentary questions show that nearly 200 children who were either in State care or known to the State have died in the past decade. Of this number, 38 died by taking their own lives, while more died from drug overdoses. Eleven of those deaths were murders, which means that 5% of all of the children who died in State care or who were known to State care services were murdered. That is an incredible figure, as I am sure the Minister of State will agree. We know that the number of children who are being referred to Tusla now on an annual basis is almost at 100,000. This is double what it was in 2018. To put that in context, about 60,000 children are sitting their leaving certificate and right now we are referring 100,000 children on an annual basis to Tusla.

Children in State care and those known to State care services are being trafficked and sexually exploited in Ireland right now at a serious scale. In other countries this would be a national scandal. The resources of those countries would be marshalled instantaneously to deal with the issue on a comprehensive basis and there would be accountability. There would be resignations at the very top. When I brought up the issue of hypocrisy, some of the Ministers and Ministers of State opposite had puzzled, quizzical expressions on their faces but I will get to the specifics of this now. Special emergency accommodation arrangements, which consist of unregulated accommodation in this State, mostly by third-party providers in rented accommodation, are being used by Tusla to accommodate children in State care. We know from reports in the media that there are serious questions in relation to the vetting of the people working in this area and the providers of those special emergency arrangements. There is a shortage of foster placements coupled with a consistent underfunding of private and voluntary sector services, which has made Tusla more reliant on those dodgy companies to protect vulnerable children. Children in State care, particularly residential care, are being left hugely exposed. Child sexual exploitation is the biggest form of human trafficking in Ireland at the moment and is happening in real time among children who are supposed to be in the care of the State. In recent years a number of people have tried to expose this but because of the way the courts work and the in-camera rules, it is virtually impossible to expose the fact that the Government is letting down these children. I can give one example of where this was exposed. We had a courageous judge, Judge Dermot Simms, who raised his head above the parapet. He wrote a damning letter and gave three reports to the Minister, Deputy O'Gorman. Shockingly, the Minister has confirmed to Aontú that he shredded those reports on the basis of GDPR. Three reports that outlined the horrendous experience of children in State care in this country were written by a judge and given to a Minister. The judge got permission to put the information into those reports from the people concerned and he redacted their names but the Minister for children felt more responsibility for GDPR rules than he did for the protection of those children. That is an absolutely damning indictment of the actions of this Government.

At least 70 unaccompanied minors have gone missing from Tusla since 2017. In the past year, a number of unaccompanied minors, some of whom had come to this country without parents or guardians and who were known to Tusla, have been left homeless in Dublin for weeks. Tusla has been unable to tell me how many children each year are being physically or sexually abused in State care, saying that the data requested is "not centrally collated" by Tusla. The agency is not even collecting the information in relation to abuse that children may suffer in State care. Tusla has also written to tell me that it does not maintain a register of referrals to CORU of allegations against staff members.

Separately, the Department of Justice has told me that records of emails at the blueblindfold@garda.ie address, to which people can make reports of suspected human trafficking, are retained for no longer than 30 days. The emails are deleted after 30 days. This is extremely alarming information. Tusla cannot tell me the number of children who have become pregnant while in State care or the numbers who are referred for sexually transmitted infection testing while in State care on an annual basis. The Government is trying to blame a lack of resources in this regard, while also implying it has something to do with the refugee crisis but this is not true. The problems run deeper and they stretch back for years. The Minister, Deputy O'Gorman, in response to a Dáil question on this topic, was unable to give me clarity on the number of children who go missing from State care. I am not just talking about unaccompanied minors but about the number of children in State care each year who go missing. Imagine, the Minister for children cannot tell this Dáil the number of children who go missing on an annual basis from State care. Where is the child protection instinct of the Government in relation to this?

I have met people from the voluntary sector and the foster care sector who have told me about the significant investment that is needed. They have told me that they are unable to do their job because of the Government's lack of investment. In the month of January alone, 22 children went missing from State care. A 14-year old girl was abducted by a criminal gang within minutes of being placed with Tusla. She was found in a brothel a year later. I would ask the Government, on a day when it is trying to occupy the high moral ground and trying to politically sink the knife into the Opposition, to look at itself and at the hundreds of people who are significantly damaged by the fact that it will not act. This is happening to a group of children because they have no power. They are from poor backgrounds and have nobody with wealth or influence to speak on their behalf. That is why this issue is so much under the table and does not receive priority for discussion in this Chamber. Unfortunately, it is also one of the reasons it is not being fixed. If the Government is real about today, then it must be real about these children too.

6:20 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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As I said last week in the Dáil when these statements was called for, they represent brinkmanship and showmanship from the Government trying to get one over on Sinn Féin. It was as naked and blatant as that. When there are children in State care, children who have gone missing and children who have been failed by Tusla and by the Government, the Government should be ashamed of itself for trying to score points. Whenever children are abused or there is wrongdoing, it should be condemned. I heard Deputy McDonald and I compliment her on her statements on the issue. I want an investigation into Tusla's involvement, or lack of involvement, in many issues but particularly in the family court in the case of a four-year-old boy whose custody was given to his father. That man was sentenced last Friday to seven years in prison after he pleaded guilty to neglect and impeding the apprehension of the person he knew to have murdered the child. Think about it; it is shocking. If we had any moral compass in here, we would not be allowing this to go on. The Minister, Deputy O'Gorman, is protecting Tusla at all costs. It is a shocking situation.

Mr. Justice McDermott said he was satisfied that there was a clear and disturbing pattern of abuse of the child who was isolated by members of his family and was subjected to frightening forms of assault. As a separate issue, Roderic O'Gorman has failed to renew the tender of the Child Law Project that has been reporting for the last decade goings on in Tusla and the family court. It was only costing €200,000 a year. He cannot fund this and yet he can give €1.1 million extra to Tusla, which is failing and failing. I know about the blackguarding it is giving families in this State. Vindictive people are working in that organisation and the Minister for children turns a blind eye.

The President of the District Court wrote to Roderic O'Gorman telling him that the suspension of the reporting project was a most unwelcome development. Only that project would report it. For some reason the media would not report it. Some 70 children have gone missing in State care in the last five or six years. We saw the investigation in Cork where they were being taken out of care and brought into hotels, used in a brothel. It is shocking and disgusting behaviour. We have children's rights and everything else. That is going on. Every day of the week in family courts children are being taken from their mothers and the rights of birth mothers are denied. They cannot raise it in this Parliament. It is a sickening cover-up. That is what we should be talking about and not allegations over and back over who scored two and who scored more.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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It is wrong that the issue of the protection of children is being used as some sort of vehicle for getting at Sinn Féin. I am no spokesperson for Sinn Féin but I do not want to this being used in the way that I feel it is being used. I do not agree with that. It does not sit well with me. Child protection in Ireland has been a critical issue especially in the light of recent scandals which have highlighted the major failures and the urgent need for reform. The protection of children is a fundamental responsibility of any society and Ireland's recent history underscores the importance of vigilance, accountability and comprehensive support systems.

Many years ago, along with the late Jackie Healy-Rae, I was attending a clinic in a certain location. On that night what I would call a child protection issue came before us. This was back a good bit ago. There was no way in the world that we could leave that place that night until we actually informed the Garda of that situation. We could not go home. It was a winter's night. We had to stay late into the night and make sure that we had reported what had come to us so that we could then go home and we could say to ourselves that the proper agency of the State knew of this case. The Garda knew the situation and its duty was to protect the vulnerable child in question on that night. That is the way to do your business. That is the way to be proper about it. There are agencies there to deal with this. We then rely on the agencies.

I have 30 seconds to speak about Tusla's behaviour. There are very good people - I know them in Kerry - who work in that organisation, but my God there are failings in that organisation. I have seen them doing what borders on crazy things when it comes to the protection of children. I have really seen this. My judgment of them would be that I would question them all over and over again as to what they are thinking of. They need direction in what they are doing.

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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I am glad to get an opportunity. I regret that this debate is taking place around this political row that is going on. I do not think it is right. It does not sit right for me. The timing of this does not appear to be right.

No one of us here would stand for the abuse or neglect of children. They are the most vulnerable in our society and we must seek to protect them at all times. I also have questions about Tusla. I also have questions for the Minister, Roderic O'Gorman, about children who are missing and not accounted for. We do not hear that he is doing anything about it to allay our concerns because I do not believe he is and I cannot understand that. When I get told in places like Castleisland and Killarney that people are concerned about children who go missing from State care, that is not good enough. I have raised the matter here before and there should be answers.

Regarding Tusla, taking children from their birth mother is a very serious issue. A little baby of four or six months, or one or two years is taken and the mother might not get them back for another two or three years. The bonding that develops between a mom and her child is broken up. Tusla should be going the other way completely to ensure that every option is tried before the child is taken away from their mother. I have encountered a number of cases of this and I am not at all happy. I have to say there are good people in Tusla, but I do not know who is directing them, who is advising them or who is instructing them to do this because I do not believe it is fair. It is not fair on the bonding between a mother and her child to take them away and break up the family unit. The mom and the child form what we know to be a family unit and they have to be protected at all times. When they start on the right footing, that is where they stay.

Photo of Richard O'DonoghueRichard O'Donoghue (Limerick County, Independent)
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We have seen media reports of Sinn Féin's kangaroo courts and how they were doing their things. I see today that the Government is trying to do the same type of thing. All of us here are 100% for child protection. Trying to use it for media spin and political gain is the wrong thing to do. We are here to protect children. That is what we are here to do. This kangaroo court system that you are trying to do and the populist thing you are trying to do is totally wrong.

We talk about Tusla. There are some very good people within Tusla, I will vouch for that. However, some stuff that Tusla is doing is absolutely disgraceful. I have been involved with many people who had foster children. Tusla got involved with unbelievable things that put the child's welfare at risk when the foster parents were trying to do right by the child. It came up with these things that were actually affecting the child. This is what I am referring to when I am talking about Tusla. It is the interpretation of one person in Tusla that changes it from that position and hands it down to other people saying, "This what you've got to do", irrespective of whether it is right or wrong. People in Tusla are there to protect children, but a minority within Tusla tell other people how to do things even though it is incorrect and is putting the child's welfare at risk. That is wrong.

It is just as wrong as what is happening here today with political games and trying to make political gain out of using children. To me that is 100% wrong and I do not stand by things like that. If you want to have a pop at Sinn Féin, I do it all the time when I do not agree with Sinn Féin but I do it publicly and I do not have a problem standing back from it. In the same way I have a go at the Government when it is wrong and it has a go at me. This kangaroo court thing, however, has to stop. Represent the people you are supposed to represent and protect the people you are supposed to protect. Use our time here valuably to ensure they are protected and not this kind of hypocritical crap you are going on with.

6:30 pm

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Independent)
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I have for weeks now been talking about the increases in the worrying and concerning culture that exists in this House. There is a notion that we can throw away the people's money, for example, as if we do not absolutely need it in important areas such as housing, health, childcare, disability and basically ensuring that people have access to the very least or the basics of essential services, at a point where they can actually reach out in the community.

I have believed for a long time now that there are big notions in this House, politicians who have put themselves on pedestals, and political parties that have clearly forgotten their mandate and instead are so fixated on retaining that seat for the party that they have lost themselves, and some have lost their souls. As a parent of six children, child protection must and always should be paramount in every single thing we do. Doing the right thing in every instance that involves children is simple in my eyes. I would never stand over any adult communicating with one of my children with inappropriate messages. I would absolutely not tolerate it, and I do not think I could be held responsible for my actions. That is all I have to say on these statements.