Gardaí and HSE get two weeks to deliver report

The Garda Commissioner has been given two weeks to report back on how two Roma children were taken from their families as part of a probe into the affair — while investigations into the HSE’s role in both cases could begin even earlier.

It emerged last night that the Ombudsman for Children, Emily Logan, may not wait until the Garda information is passed to Justice Minister Alan Shatter before looking into the HSE’s role.

The Children’s Ombudsman cannot conduct its own probe into the gardaí but its powers extend to investigating the HSE. It had originally been thought that the HSE would take a similar two-week period to compile information before passing it to Children’s Minister Frances Fitzgerald, who would pass it to Ms Logan.

Last night, the Ombudsman’s spokesperson said the office would decide “in the coming days” on the shape of its inquiry, and had been in contact with Mr Shatter.

It is uncertain whether a probe of the HSE would include information heard in an in camera sitting of the district court when a Roma girl from Tallaght was made the subject of an emergency care order on Monday.

A statement from Ms Logan’s office last night said: “The Minister for Justice contacted the Ombudsman for Children today to raise the possibility of an expanded role in investigating this matter. The Ombudsman for Children is awaiting clarification on the minister’s proposal. In the interim, the Ombudsman for Children has commenced internal preparations for an investigation under the act.”

It is understood the families involved in this week’s events will not be provided with information from the HSE and the gardaí, but will be contacted by the Ombudsman. Questions regarding the format of both probes were raised in a parliamentary question by Sinn Féin’s Caoimhghín Ó Caoláin and others yesterday.

Tánaiste and Labour leader Eamon Gilmore voiced concerns over the cases.

The family at the centre of the case in Tallaght are said to be considering legal action, while the family in Athlone has asked for an explanation of Garda actions.

Issues likely to be considered by the Ombudsman include whether the HSE made any separate or additional inquiries before it sought to bring the children into care, once the gardaí in the Tallaght case had removed the girl from her parents.

It will also look at related issues, such as the primacy of a Garda investigation in a case where a child is being taken into care, whether gardaí formed the opinion that they needed to act out of concerns that there was a possible flight risk, and whether alternative methods could have been used.

Pavee Point spokesman Martin Collins has raised questions over racial profiling in both cases, a theme picked up by a number of immigrant rights groups.

Mr Shatter yesterday provided some backing to the gardaí amid criticism it has faced for its handling of both cases.

“An Garda Síochána and the HSE have to deal with very difficult situations and have to make very difficult decisions when dealing with issues of child protection,” Mr Shatter said.

“They can be open to criticism for either doing something or doing nothing. We are all aware of cases in the past where the authorities have been criticised for not intervening to protect children at risk. In each of these cases, the authorities responded in good faith to concerns expressed to them.”