Minister: Child welfare proposal complex

Children’s Minister Frances Fitzgerald has described as “very complex” a recommendation by the special rapporteur on child protection to seek court intervention in certain child welfare cases.

Ms Fitzgerald indicated some of the issues raised by rapporteur Geoffrey Shannon may be addressed in the upcoming referendum on enshrining children’s rights in the Constitution.

One recommendations in his report would allow people with reasonable grounds for believing a child’s welfare is at risk — in a case where a child is already known to care services — to go to court to seek state intervention.

Ms Fitzgerald welcomed the report. However, on the recommendation regarding allowing people with child protection concerns to use the courts, she said it was “a complex issue” as it involved changes to legislation.

Children’s Rights Alliance chief executive Tanya Ward said Mr Shannon’s proposal was “a possible check against the HSE failing to act” and would empower people to act where there were legitimate concerns.

She said there was merit to the approach and hoped the minister would give it serious consideration.

Fianna Fáil’s spokesman on children’s matters, Robert Troy welcomed the recommendation but said it was “disturbing” the report was published after the Dáil had arisen for the summer recess — despite being submitted to the minister last February.

“It is somewhat worrying the minister waited until the first week of summer recess to publish what is an annual report.”

He claimed it was “cynical” and there was no opportunity to debate the recommendations in the Dáil.

The report also made a number of mentions of children in direct provision — accommodation for asylum seekers and their families.

The report referred to “the potential or actual harm which is being created by the particular circumstances of their residence including the inability of parents to properly care for and protect their children and the damage that may be done by living for a lengthy period of time in an institutionalised setting which was not designed for long term residence.”

The immigrant support group Nasc and the Refugee Council of Ireland both said the report exposed the risks and negative impact of the system of accommodating asylum seekers.

Refugee council chief executive Sue Conlan said reform was needed as “the risk of child abuse is grave”.