Legal difficulties delaying reports of abuse claims

LEGAL difficulties have so far prevented the publication of reports on allegations of abuse at Madonna House and on the so called "west of Ireland farmer" case.

The Minister of State responsible for child care, Mr Austin Currie, told the Oireachtas Committee on the Family that litigation was pending in relation to both. The allegations made in the case of Madonna House had never been tested in court. There were also a number of civil cases pending.

In relation to the "west of Ireland farmer" case, where a man was convicted of a number of physical and sexual assaults on his children, the relevant health board's inquiry had been suspended because the victims had instituted civil proceedings.

However, he would put as much of the Madonna House report into the public domain as "was legally possible, and it would be available within the next fortnight, he said.

These cases, along with the Kelly Fitzgerald case, had highlighted the need for an independent inquiry mechanism, so he had decided to establish an Inspectorate of Social Services attached to the Department of Health. This would conduct inquiries into the operation of the social services, and any report made to the Minister could be published under privilege, thereby avoiding legal difficulties.

The committee also heard that the Western Health Board was preparing two responses to its report into the death of Kelly Fitzgerald. One would deal with certain matters of fact which it disputed, and the other would be a response to the report's recommendations.

He rejected a proposal from Ms Mary Coughlan (FF) that it was time for a single department dealing specifically with child care. The existing arrangements, with him co ordinating work on child care between the Departments of Health, Education and Justice, were working well, he said.

Mr Alan Shatter (FG) asked why it was that the Department of Health and the health board had difficulties publishing reports when legal action was pending - while others did not. For example, the report of the beef tribunal was published despite the fact that a number of civil and criminal cases were pending.

The Minister said the Madonna House inquiry had not been carried out by the Department of Health, but by the Sisters of Charity. Asked if it could be placed before the committee, he said the best legal advice was that it could not.

Referring to mandatory reporting of allegations of child abuse, he said he had an open mind on this, and was studying recommendations from a number of interested parties. He hoped a clear consensus would have emerged when the remaining provisions of the Child Care Act were implemented.

Mr Currie also said he was referring to the Constitutional Review Body the recommendation from the Kilkenny incest report that any inconsistencies that might exist between the UN Convention on the Rights of the Child and the articles of the Constitution on the family be examined.

The Minister said he accepted the broad thrust of the Kilkenny incest report.

He was preparing a child care action plan which included an increase in the fostering allowance for children aged 12 and over to £660 and was providing more emergency, special foster care places, as well as places for homeless children, among other things.