The Government has ordered a review as a “matter of urgency” into the alleged serious sexual assault of a girl who had been under the care of Tusla in west Dublin.
Minister for Children Norma Foley has said that she has tasked the National Review Panel, which examines serious incidents in the care of children, with carrying out an investigation into the incident.
Ms Foley said that it was a “very, very worrying case” but that she was limited in what she could say while a Garda investigation was ongoing.
“I think it’s our human instinct really to want to mind and to guard and protect a child. And I’m really, really conscious that at the heart of this is a child, and I want to say that that child is very much in my thoughts, and, like the rest of the country, in our thoughts and indeed in our heart.”
She announced on Tuesday that she has directed the National Review Panel (NRP) to “immediately begin a piece of work, an investigation, into this case.”
“That they would make whatever necessary findings or recommendations that they deem fit. And I’ve asked them that they would do that as a matter of urgency and I want to acknowledge that they have agreed to do that,” Ms Doley said.
Asked if she had faith in Tusla, Ms Foley said “I have no reason not [to] at this point.”
Ms Foley has discussed the case with Minister for Justice Jim O’Callaghan, following reports about the immigration status of the alleged perpetrator. She said that Mr O’Callaghan had taken a “very firm line” on deportations and that there have been an increase in deportations and chartered flights.
Asked who would be held responsible if failings in state care were identified in this case, Ms Foley said: “I don’t wish to prejudice any case that is before the courts, that’s hugely important.”
A man appeared in court on Tuesday charged with the alleged assault but he cannot be identified because of rules that apply to all sexual assault cases. The charge sheet states that the alleged assault took place at Garter Lane, Saggart.
In an appeal to those planning to organise a protest on Tuesday evening near where the crime is alleged to have taken place, Ms Foley said she would “ask people to allow the process to continue.”
“At this point, all of the information that Tusla have provided, they have shown that they have provided for an appropriately registered, appropriate staffed environment for the child,” Ms Foley said.
Taoiseach Micheál Martin confirmed details of the case review in the Dáil.
Mr Martin also said a wider review of State care is under consideration as he acknowledged that the State had not fulfilled its duty to protect this child.
Mr Martin told Sinn Féin leader Mary Lou McDonald that Ms Foley has asked for the interim report into the case within six weeks.
Ms McDonald had highlighted that the defendant in the case had been the subject of a deportation order signed in March.
“Can I ask how it is that a person issued for the deportation order remains in the country?”
Mr Martin said: “It is the fundamental duty of the State to protect the children of the State and 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.”
Ms McDonald highlighted a number of cases of children who had gone missing and died who were in the State’s care.
The Taoiseach said it was unfair to conflate this with other cases. “The other cases are equally very difficult and grave.”
“There are issues that need review more generally and I would acknowledge the concern, anger and worry of many people across the country at what has transpired here or alleged to have transpired and the concerns are legitimate,” Mr Martin added.
Independent TD Michael Fitzmaurice expressed concern at the “whole immigration process”.
“The Government had said that they would process an applicant within six months. That has not happened. It is going on four, five and six years. I am asking you, when will that be resolved? Our system is broken.”
Mr Martin told him the asylum process “has come under huge pressure in recent years, and particularly post-Covid 19, the numbers increased dramatically”.
This was in addition to the war in Ukraine and displacement of about 12 million Ukrainians.
He acknowledged that a “faster and firm procedure” was needed. The majority, “I think 60 per cent or 70 per cent are judged to be economic migrants” and that process is much faster.
The appeal system “can take a bit longer”, but 3,500 deportation orders were signed this year compared to about 2,400 last year and the numbers seeking asylum is down about 38 per cent.
Sinn Féin has sought a meeting with the two ministers, Ms Foley and Mr O’Callaghan, to discuss public safety issues after the alleged sexual assault.
The incident had caused “widespread fear in the Saggart and surrounding areas,” said Dublin midwest TD Eoin Ó Broin, adding that the party’s thoughts in the first instance were with the child.
Mark Ward, the other Sinn Féin TD in the constituency, said the ministers should set out action to address safety concerns. “We have written to both ministers today seeking an urgent meeting and pressing them and other relevant State agencies to engage with the local community as a matter of urgency,” Mr Ward said.
The Taoiseach later re-iterated that legislation will be amended to place the National Review Panel on a statutory footing after Independent TD Paul Gogarty raised concerns about the panel’s independence.
The Dublin Mid-West TD said “the special rapporteur on child protection recently suggested that this panel is not operationally independent of Tusla and has no legislative authority to produce reports and lacks transparency”.
He asked when it would be put on a legislative footing so it could produce “truly independent reports”.
Mr Martin said it is the intention of the Minister for Children to amend legislation to give Tusla statutory authority he would “get the specifics” about it for Mr Gogarty.
