Speech by Frances Fitzgerald T.D., Minister for Justice and Equality at the launch of the Report of Ms Emily Logan under Section 42 of the Garda Síochána Act 2005 (as amended).

This is the formal launch of a significant report.

But it’s more than that.

It is an opportunity to do something important. To say sorry.

That’s the first thing I wanted to do today. To meet the two families who briefly lost their children and – in private and in public – apologise to them on behalf of the State.

The State is sorry. We regret the pain that they went through. It should not have happened. It just should not. It happened out of a determination to protect children, but that determination got skewed. The best of intentions played out in a distressing manner affecting two children and two families, as highlighted in the report I am publishing today.

The best person to look at this unintended episode – undoubtedly the best person – was Emily Logan, and she gives a comprehensive picture of the events which led to An Garda Síochána taking the actions they did. She also makes important recommendations.

Every day Guard make hard decisions in real time. They don’t always have a full and perfect set of facts to work on. Sometimes – as in this case – the context is influenced by global event, in this instance the coverage of a case in Greece. Occasionally, they make the wrong call – and what the Report has found is a succession of errors in how Gardaí dealt with these issues: Gardaí, acting in what they thought were the best interest of the children concerned made a series of mistakes. With unintended consequences for two families.

That’s what the Report found.

The Report, however, has found no evidence of ‘ethnic profiling’ at an organisational level in An Garda Síochána. The Report found no evidence that the Gardaí involved were motivated by conscious racism. Indeed, in relation to the Tallaght Case, the Report highlights the Garda Officer’s extensive community policing work and his voluntary engagement with minority communities.

It did find that members of An Garda Síochána who invoked section 12 of the 1991 Act had not been provided specific training related to the Roma community. That must be addressed.

The Report did not find enough information-sharing between State agencies. Information held by State agencies, if it had been made available to the members of An Garda Síochána at the time, would have influenced what was done – improved what was done. The Report makes a number of recommendations in this regard and work on implementing them are already in train.

I accept the findings of the Report and its Recommendations.

My Department has already begun working with the relevant agencies such as An Garda Síochána, the Department of Children and Youth Affairs, the Child and Family Agency and the Department of Health to ensure their timely implementation. Importantly, the recommendations concerning the provision of support to the families concerned are already being addressed.

I welcome the specific work already underway by An Garda Síochána and the Child and Family Agency in agreeing new protocols on the use of Section 12 of the Child Care Act 1991, which is the section which allows the Gardaí to remove a child to safety where “there is an immediate and serious risk to the health or welfare of a child.”

This is only one of a number of recommendations relating to An Garda Síochána. I am glad that the acting Garda Commissioner has so quickly accepted that the findings of the report should be implemented in full and is fully committed to addressing the shortcomings identified including through the establishment by the Acting Commissioner of an internal review team to progress implementation.

I expect the Acting Commissioner to drive the rebuilding of trust in the Gardaí on the part of the Roma Community as part of the rebuilding of their trust in the Irish State. This is one of the issues Emily Logan has highlighted as a priority for action.

The publication of this Report today and the commitment I have given to implementing its recommendations should be seen as the first step in rebuilding the trust of that Community.

Just the first step.
There are more steps needed.

My Department is currently leading a cross-Departmental review of Ireland’s migrant integration strategy and I am committed to ensuring that this results in a more dynamic and effective approach to Roma integration in Ireland.

But the next steps will require much larger strides… because they’re about cultural change, not just at societal level in relation to our attitude towards the Roma Community, but also more specifically in the approach and response of Government departments and agencies.

We need a new culture of consultation… with the Roma Community; and traveller interests; including by the Implementation Group I’m establishing in response to this report, who will engage with and listen to voice from the Roma Community.

We need a new culture of understanding… of the distinct challenges and needs facing the Roma Community…
I wish to commit to implementing the recommendation contained in today’s report for an up-to-date assessment of need regarding the supports to be provided by the State to the Roma community. This will commence this year.

Finally we need a new culture of implementation…
Based on the outcomes of these consultations and the planned assessment of needs, I will work with the Roma Community; and traveller interests to identify the measures that must be implemented.
This will take account of the cross-Departmental review of Ireland’s migrant integration strategy currently underway.
But most importantly, whatever we find as being needed, WILL be implemented.
That is my commitment.

For us as a wider society, the lesson of this disturbing episode is that stereotyping of any community and the perpetuation of unfounded prejudicial myths about any sector of society must be tackled. And that each and every one of us can and must play a role in tackling such stereotypes.

Lastly, when I met with the families today, they talked to me about how media coverage had impacted on them. They do not want the publication of this Report to represent a further intrusion into their lives. While it is important, and in the public interest, that this Report is published and that its findings become publicly known, it is also important that we remember that there are families and children involved. I ask you in the media to make very effort to ensure that their privacy continues to be respected and that the publication of this Report does not lead to any further distress for them.

Both Emily and myself will now be happy to take questions.