Child welfare act demands evidence of immediate risk

The Gardaí’s removal of children from Roma families is worryingly medieval.

The children were taken under the powers of the ‘Welfare of Children Act 1991’.

But that Act requires Gardaí to have a reasonable suspicion the child is at immediate risk, otherwise they cannot be removed from a family home without a warrant.

If gardaí seek a warrant, they have to supply evidence that supports the claim of immediate risk.

In the case of the Tallaght child, the family was made aware of the Gardaí’s interest.

If the only risk was a doubt about the child’s origin (which DNA would establish rapidly), it is hard to see how such a draconian action was justified.

Other children were left in the same homes without Garda concern, so the justification seems to be that the children didn’t look like their parents — ie, share their hair colour. On these grounds, the constitutional and legal protection of the rights of citizens and residents, parents and children, has been brushed to one side.

There was no wrong-doing in either case, but if there had been, it could still have been proved without acting ultra-vires.

During hysteria around ethnic issues it behoves people to be extra vigilant about equal treatment and acting within the law. The powers under the Act are not vested in anyone, not even the Gardaí or a judge, until the appropriate standards of proof are attained and it should concern us all to see such protection dismissed.

Dick Spicer

Bray

Co Wicklow