Minister Fitzgerald publishes Report on removal of two Roma children

· Minister apologises to the two Roma families affected
· Government commits to full implementation of report recommendations
· “Every one of us can and must play a role in tackling stereotypes” says Minister
· Minister commits to more dynamic and effective approach to Roma integration in Ireland; including a new culture of consultation with the Roma Community and Traveller interests

Frances Fitzgerald TD, Minister for Justice& Equality has today published the Report of the Inquiry into the circumstances surrounding the removal of two Roma children from their families. The Minister committed to full implementation of report recommendations as well as calling for a more dynamic and effective approach to Roma integration in Ireland.

The inquiry was conducted by Ms. Emily Logan under Section 42 of the Garda Síochána Act 2005 (as amended). Ms. Logan also holds the office of the Ombudsman for Children. The Minister thanked Ms. Logan for her work on this Inquiry. The Minister added that “this Report gives a comprehensive picture of the events which led to An Garda Síochána taking the actions they did and makes some important recommendations which will guard against similar situations arising in the future.”

The Report finds that An Garda Síochána failed to critically evaluate the information provided to them about the children and families in question; and that more extensive and discrete inquiries should have been carried out by An Garda Síochána prior to calling on the family homes and removing the children.

The Minister noted that: “the Report highlights the distress that was caused to these children and their families.”

The Report makes a finding that the fact the families concerned were members of the Roma Community played a part in the decision-making process. The Report found that the members of An Garda Síochána concerned believed they were acting in the best interests of the children but that the Gardaí involved did not receive specific training in relation to the Roma community. However the Report also found no evidence of ‘ethnic profiling’ at an organisational level in An Garda Síochána

The Report found that the use of DNA testing to establish parentage in these cases represented a disproportionate interference in the family members’ private lives

Commenting on the Report’s findings, Minister Fitzgerald stated: “Every day Gardaí make hard decisions in real time. They don’t always have a full and perfect set of facts to work on. 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.”

Minister Fitzgerald today met with both families. The Minister stated: “Meeting with the families was 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.

“We are sorry. We regret the pain 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.”

Minister Fitzgerald confirmed that the Acting Garda Commissioner Noirin O’Sullivan had also today met with and apologised to the Families for the role played by An Garda Síochána in these events.

Minister Fitzgerald stated: “The Government and I accept the findings of the Report and its Recommendations in full. 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. An implementation group will oversee the actions being rolled-out in response to the Report’s recommendations.”

The Minister welcomed that specific work already underway by An Garda Síochána and the Child and Family Agency, including agreeing new protocols on the 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.”

The Minister added: “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.”

Commenting on the position and needs of the Roma Community in Ireland, Minister Fitzgerald stated: “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,

“We need a new culture of consultation. with the Roma Community; and traveller interests”. The Minister confirmed that the Implementation Group being established in response to this report will engage with and listen to voices from the Roma Community.

The Minister added: “We need a new culture of understanding of the distinct challenges and needs facing the Roma Community”. The Minister committed to implementing the recommendations contained in the 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.
The Minister concluded: “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.”

Link to Special Inquiries relating to Garda Síochána Order 2013 http://www.justice.ie/en/JELR/Emily%20Logan%20report.pdf/Files/Emily%20Logan%20report.pdf