Garda Commissioner Nóirín O'Sullivan said that every parent in the country could identify with the distress the two Roma families experienced when their children were removed under Section 12 of the Child Care Act 1991.
Apologising to the families, she stressed that she was not apologising for any hurt that might have been experienced.
"Hurt was experienced," she said, "and it's important, not just to apologise on behalf of the police service, but to express the concerns of each of our members over what happened. Because we in An Garda Síochána are all about protecting vulnerable children. We really are."
Pointing out that, every day, the men and women of An Garda Síochána work in partnership with the Child and Family Agency, the HSE and other agencies to keep children safe, the Commissioner said that the focus is on protecting the welfare of the child in accordance with relevant statutory provisions and obligations.
"We take extremely seriously all reports received from members of the public concerning child welfare issues," she said, adding that the decision to remove any child from its family under Section 12 of the Child Care Act 1991 is not one members of An Garda Síochána ever take lightly".
"In order to protect children, such decisions often have to be made quickly, in highly pressurised, stressful and unusual situations, and with imperfect information. That's what happened in these cases: Gardai set out to protect children - and the unintended consequences were distressing. The Ombudsman’s Report acknowledges that the members involved believed they were acting in the best interests of the children. That's not an excuse. It's a reality. As is the fact that something along these lines mustn't ever happen again. Lessons must, and will, be learnt,” commented the Commissioner.
The Commissioner said that An Garda Síochána will speedily implement the recommendations in the Ombudsman’s Report that are within its control:
- Developing closer relations with, and understanding of, the Roma community, as the Report recommends.
- Developing anti-discriminatory training for staff.
- In consultation with the Child & Family Agency, An Garda Síochána is currently developing a guidance document to assist members of the service in deciding on when they should invoke Section 12.
Commissioner O'Sullivan said she welcomed the Report’s finding that there was no evidence of ethnic profiling at an organisational level in An Garda Síochána.
"Anybody who's spent their professional life in the policing, as I have, will have read that with a sense of relief and agreement: such discriminatory profiling would be against everything that we stand for. Indeed, the Report highlights that we have an excellent relationship with many minority communities, particularly in Tallaght. Great work is being done by our members in Tallaght and around the country in building trust and confidence with individuals and groups in minority communities as part of our community policing approach, and our policy of providing an inclusive service to all our communities,” said the Commissioner.
Since the establishment of the Garda Racial, Intercultural & Diversity Office (GRIDO) 14 years ago, more than 270 ethnic liaison officers across the country work every day with individuals and groups in minority communities to ensure they feel they can turn to An Garda Síochána for help when they need it. This approach is unique in Europe.
The Commissioner recently launched a Roma Integration Strategy with representatives of the Roma Community in Garda Headquarters. This will see GRIDO personnel and members of the Roma Community jointly provide an anti-discrimination/anti-profiling training course to members of the service.
"An Garda Síochána has been recognised internationally for its approach to human rights based policing. With guidance from our increasingly diverse membership and from minority communities around the country, we're going to maintain and build on that high standard," the Commissioner concluded.
Notes:
Under Section 12 of the Child Care Act 1991, An Garda Síochána can remove a child from their parents/guardians if they believe there is an immediate danger to the child. The child must "as soon as possible be delivered up to the custody of the Child & Family Agency” who then make the independent decision as to whether a) to return the child to the parent having custody of him or a person acting in loco parentis or b) apply to Court for an Emergency Care Order. If an application for an Emergency Care Order is made then the Judge will hear evidence from the Child & Family Agency and An Garda Síochána as necessary and only on consideration of all the facts of the case will the Courts make an order.
