Report on Use of Section 12 of Child Care Act by An Garda Síochána: Statements

The following report is presented without comment any comment:

Seanad debates Wednesday, 31 May 2017

Katherine Zappone (Dublin South West, Independent)
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I welcome the opportunity to discuss this important matter with Members of the Seanad and to set out the actions that are being taken. Following a recommendation by the Ombudsman for Children concerning the removal of two Roma children from their families, a report of the audit of the emergency removal of children from their families was commissioned by An Garda Síochána to review its handling of section 12 cases. While the report’s focus and recommendations are based on an examination of Garda records and are primarily directed at An Garda Síochána, Dr. Shannon also considers and makes recommendations regarding Tusla and the broader child protection system.

Before I address the report itself, it is important to have a clear understanding of when section 12 is invoked. An Garda Síochána has the power, under section 12 of the Child Care Act 1991, to remove a child urgently from a situation for his or her safety and welfare. This includes a power to enter any premises without a warrant under certain conditions and the child, once removed, is to be delivered to Tusla, the Child and Family Agency. Tusla social workers have no powers to enter a home or to remove a child from a dangerous situation in an emergency. Link to complete Seanad Debate

• I wish to acknowledge my thanks for the use of The Oireachtas website in presenting the above Report/Debate.