Logan Report Implementation Group Final V8 240615
Report of Implementation Group
set up to monitor implementation of the Recommendations contained in
Ms Emily Logan’s Report of the inquiry into the circumstances
surrounding the removal of two Roma children from their families under
the Garda Síochána Act 2005 (Section 42). (Special Inquiries relating to
Garda Síochána) Order 2013
Rec.
No.
4.1.1
Summary of Recommendation
Action taken/Progress made
Apology to issue from Minister for
Justice and Equality
Apologies have issued from An Taoiseach, Enda Kenny, T.D., the
Minister for Justice and Equality, Frances Fitzgerald, T.D., and the
Garda Commissioner Nóirín O’Sullivan.
4.1.3
Child A’s family are availing of
support through the local Public
Health Nursing team, with whom
they have a well-established and
trusted relationship. Links with
trusted advocacy organisations like
Barnardos should continue and
liaison between the local Public
health Nursing team and Barnardos
should include a review at regular
intervals to provide any further ongoing support required by the
family.
The family of Child A is in receipt of services from a number of
sources. At a local level they are primarily supported by the HSE
Public Health Nursing service and through a Barnardos family
support service. Specialist medical services are also involved.
4.1.4
A trusted agency to be found by the
HSE without delay to assess and
provide appropriate support for
Child T’s family.
The family of Child T receive support from sources within the
Roma community. The family also receive specific support through
the HSE Primary Care Social Work Service. The Primary Care SW
Team have liaised with the family to ensure they are satisfied with
the support being offered.
4.1.5
A psychological assessment of
Child T’s needs should be offered
and any appropriate support
provided.
Psychological services are being provided by the HSE and a
Primary Care Psychologist continues to engage in relation to
Child’s T’s needs.
4.2
Concrete steps must be taken to
build trust with the Roma
community and to ensure that State
agencies’ interactions with the
Roma community are characterised
by respect and effective
communication. The Inquiry
believes that three key areas require
An Garda Síochána’s Garda Racial, Intercultural and Diversity
Office (GRIDO) has also liaised with both families and An Garda
Síochána will continue to assist Tusla and the HSE in any other
way possible.
(1) The Department of Justice and Equality has reviewed the
effectiveness of existing structures for consultation with, and
improving outcomes for, the Traveller and Roma
communities with the objective, inter alia, of ensuring
genuine consultation mechanisms are in place for both
communities. Proposals were approved by the Minister of
State for Equality, New Communities and following
consultation with relevant Government Departments and
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particular attention in this regard:
1. the Government must, in
consultation with relevant
civil society organisations,
develop support and
advocacy services to
mediate between members
of the Roma community
and State agencies;
2. State agencies need to
develop their cultural
competence; and
3. the Irish Press Council
should give consideration to
how ethical reporting
regarding minority
communities including the
Roma community can best
be promoted.
Traveller and Roma Organisations, the revised arrangements
are currently being implemented. The proposals included
the establishment of a Steering Group to oversee the
development and implementation of Ireland’s National
Traveller and Roma Inclusion Strategy. The Steering Group
has met in April and June 2015 and a consultation process to
develop a revised National Traveller and Roma Inclusion
Strategy has commenced.
In addition, An Garda Síochána has in place 277 Ethnic
Liaison Officers who are at the disposal of any member of
the Roma community who may require a more sensitised
Garda service. The Garda Racial Intercultural and Diversity
Office is providing briefing and advice to Ethnic Liaison
Officers, Community Gardaí and other Gardaí dealing with
the Roma community throughout the State in respect of
meeting with such communities and their representative
groups in each division/district with a view to building upon
the existing strong links with the Roma community.
In relation to the Tallaght area specifically, an interagency/
interdisciplinary steering committee has been established in
the area to promote good engagement with the Roma
community and to actively encourage families from that
community to avail of support services. The group
comprises members of the Roma community, An Garda
Síochána, Tusla and the HSE and has agreed to meet on a
three monthly basis with members of the Roma community
in Tallaght.
(2) The Garda Racial, Intercultural and Diversity Office
(GRIDO) constantly develop cultural competence
protocols in the area of policing Ireland’s diverse society.
(Further information is contained at Recommendation 4.3
below regarding the development/ enhancement of An
Garda Síochána’s cultural competence.)
Additionally, An Garda Síochána is uploading its Diversity
Strategy to the Garda Síochána Portal for the guidance of
all Garda personnel and to the Garda Síochána website for
the information of the public in general.
(3) The Minister for Justice and Equality wrote to the Press
Council on the issue of how ethical reporting regarding
minority communities including the Roma community can
best be promoted. The correspondence in question is
appended hereto.
GRIDO will continue to liaise with the Garda Press Office
in relation to the reporting of matters involving minority
communities.
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4.2.2
The Irish State to improve the
means by which it interacts with the
Roma community.
An up to date assessment of need
regarding support provided by the
State to the Roma community
should be undertaken by a
nominated Government Department
to establish how best to improve
State agencies’ interaction with the
Roma Community, to include
consultation with relevant State
agencies and civil society
organisations working with and on
behalf of the Roma community.
See 4.2.1.
Interpretation, cultural mediation
and advocacy services need to be
enhanced and resources should be
committed to an enhanced and
comprehensive advocacy service for
the Roma community.
See 4.2.1, 4.2.2 and 4.2.6.
4.2.5
Ireland should commit the requisite
resources and actively engage with
the Council of Europe on the
development of a mediation
programme.
The Department of Justice and Equality is engaging with the
Council of Europe regarding bringing the Council’s ROMED
mediation programme to Ireland and the Council of Europe visited
Ireland in this context in early May 2015.
4.2.6
Immediate support should be
provided in the form of a Roma
Cultural Mediator to liaise between
State agencies and Roma families
living in the Tallaght region to
alleviate immediate concerns.
An interagency/ interdisciplinary steering committee has been
established in the area to promote good engagement with the Roma
community and to actively encourage families from that
community to avail of support services. The group comprises
members of the Roma community, An Garda Síochána, Tusla and
the HSE. The group have agreed to meet on a three monthly basis
with members of the Roma community in Tallaght and the next
meeting is due to be held on 16th January 2015.
4.2.3
4.2.4
The Department of Justice and Equality has partnered with Pavee
Point Traveller and Roma Centre to carry out an Assessment of
Need for the Roma Community in Ireland. The assessment is
currently underway and should be completed during 2015.
In addition, the HSE plans in partnership with the National
Advocacy Unit to finalise, implement and monitor a model for
provision of interpreting services to service users who are deaf or
who have limited English proficiency.
In addition, a Roma Primary Healthcare Initiative is in place in
Tallaght which engages with members of the local Roma
community in the area.
An Garda Síochána has agreed that GRIDO and/or local Ethnic
Liaison Officers will work closely with the Roma community
and/or an independent Roma cultural mediator in the Tallaght area,
such as the Tallaght Roma Integration Group with a view to
alleviating the immediate concerns of Roma families in the
Tallaght area.
4.2.7
Training should be provided across
public services to ensure that when
engaging with minority
The Irish Human Rights and Equality Commission Act 2014
imposes a positive duty on Public Bodies to have due regard to
human rights and equality. The new Irish Human Rights and
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communities, including Roma, all
staff are culturally competent and
informed about the communities
they serve.
Equality Commission is mandated by the Act to assist public
bodies to comply with the positive duty by producing guidelines
and codes of practice. The Commission, which came legally in
effect on 1 November 2014, has commenced consideration of how
this important role will be operationalised, with a view to
developing a model of positive duty and in achieving a key tool
which will be meaningful and effective in actively promoting
equality and human rights across the public sector. Training as
well as preparation of codes of practice will be important elements
of what the Commission can offer.
The Commission has already commenced this work. On 1st
September 2014 a new e-learning course for front-line staff in the
public sector was published.
“Delivering Equality in Public
Services: An Introduction for Front Line Staff” provides public
sector staff with the essentials they need to know about Irish
equality law in their work. The course is available free and takes
about 40 minutes. It is an e-learning course which is being made
available in a number of ways. Individual officers in public sector
bodies can access Delivering Equality in Public Services on the
IHREC website from 1 September 2014. A limited number of
copies are available on CD and USB key. The course will run on an
ordinary computer with Internet Explorer or Mozilla Firefox.
In addition, a module on cultural competence has been added to
Tusla’s Workforce Development training programme. About 200
staff have received training in the second half of 2014. The module
will be repeated and expanded in subsequent years. The social
work team engaged with Child T has, of its own volition, already
engaged in training on culturally sensitive practice.
4.2.11
Press Council should give
consideration to how best ethical
reporting regarding the Roma
community can best be promoted.
4.2.12
Specific efforts should be made to
communicate directly with the
Roma community regarding the
findings of the report and any
follow-up action taken.
In the HSE, training in cultural competence has been provided in
some HSE areas in 2014. Further efforts will be undertaken in
2015 towards enhanced provision of training of staff in supporting
them to deliver responsive, culturally competent services. A
Health Service Intercultural Guide has also been produced by the
HSE.
This
may
be
downloaded
on:
http://hse.ie/eng/services/Publications/SocialInclusion/Intercultural
Guide/IntercultrualGuide.html and is also available from the APP
Store (free of charge) as “Understand Me”.
The Minister for Justice and Equality has written to the Press
Council on the issue of how ethical reporting regarding minority
communities including the Roma community can best be promoted.
The Department of Justice and Equality will take specific efforts to
communicate directly with the Roma community regarding the
actions set out in this report, via Pavee Point Traveller and Roma
Centre, where an Outreach Worker is funded by the HSE National
Social Inclusion Office to work with Roma Community. The
Outreach Worker can link directly with the HSE Social Inclusion
office in relation to any emerging health related issues.
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4.3
Cultural competence within An
Garda Síochána with respect to the
Roma community must be
enhanced. To this end,
 future steps taken by An Garda
Síochána to improve its capacity
in this area – including the
adoption and implementation of
An Garda Síochána’s
forthcoming Diversity Strategy
2014-2016 – must include
consultation with the Roma
community.
 An Garda Síochána must ensure
that its policy on interpretation
and language supports, diversity
training for staff and community
engagement conform to the
highest standards.
In addition, An Garda Síochána intends to have the GRIDO
implement this recommendation in its interactions with the Roma
community.
The Garda Commissioner approved the appointment of Ethnic
Liaison Officers for the purpose of directly engaging with members
of ethnic minority groups and the Traveller Community, to build
trust and confidence in order to facilitate ease of access to Garda
services. This trust and confidence building endeavours to
facilitate the ease of access and building of trust and confidence
between An Garda Síochána and all sections of Ireland’s minority
communities.
GRIDO has consulted and continues to consult with the Roma
community with regard to the adoption and implementation of An
Garda Síochána’s Diversity Strategy 2014-2016. The Roma
community was a pivotal group in assisting GRIDO, from the
outset, in the area of anti-discriminatory techniques and cultural
awareness as pertaining to the Roma, through the auspices of the
Roma Support Group in Pavee Point. It is anticipated that this
relationship will continue.
GRIDO is responsible for the training and operational support of
Ethnic Liaison Officers (ELO) to the highest international
standards. This ELO training course is a two day intensive and
challenging intercultural awareness course developed in
conjunction with minority representatives. Both GRIDO personnel
and minority representatives work in tandem in delivery of the
training – the aim being to dispel prejudice and stereotypes from an
internal and external perspective.
In furtherance of Ireland’s obligations under the European
Framework for National Roma Integration the Garda
Commissioner has ensured that the GRIDO, in conjunction with
Roma representatives, deliver anti-discriminatory awareness
seminars to Garda Ethnic Liaison Officers, Front-Line Gardaí at
local level and to Garda management nationwide.
This initiative was launched on the 8th of May 2014. There were a
combination of (30) Ethnic Liaison Officers/Front-Line
Community Gardaí based in Garda Stations within the Dublin
Metropolitan Region in attendance. On the 28th May 2014, the
aforementioned course was held at the Sligo Park Hotel whereby
twenty three (23) Ethnic Liaison Officers/Front-Line Officers
based from within the Northern Region were in attendance. A
cross-border theme permeated the training on this occasion as six
(6) members of the Police Service of Northern Ireland were also in
attendance.
On the 1st of July 2014, the aforementioned course was held at the
Garda College, Templemore whereby twenty-three (23) Ethnic
Liaison/Front-Line Gardaí based within the Southern Region were
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in attendance. Two members of the PSNI were also in attendance
on this occasion.
During April/May 2014 NASC in conjunction with GRIDO and
Sgt. John O’Connor, Community Policing Unit, Mayfield Garda
Station, Cork, developed an Anti-Discrimination Training
Programme which incorporated training inputs to be provided by
representatives from the local Roma, Muslim and Black
Community.
An initial Pilot Training Programme was rolled out in Blackpool
Local Library, Cork City on the 11th September 2014 attended by
thirty Community Garda members. This initiative is on-going.
GRIDO has liaised with the Roma community since 2001, and has
developed robust relationships among community members,
including the Roma Support Group, based in Pavee Point, North
Great Charles Street, Dublin 1. The Roma Support Group acted as
a constant source of advice and guidance to An Garda Síochána.
A Headquarters Directive will issue reminding all Garda members
that expert support from personnel attached to GRIDO is at the
disposal of any member seeking advice and guidance in any matter
concerning application of the human rights standards in the
provision of policing services to minority communities or
individuals.
GRIDO has also been involved in encouraging Roma people to
become members of An Garda Síochána. To date two Roma
students have expressed such an interest and one has already
applied to join the Garda Reserve.
4.3.4 /
4.3.5
A need for significantly more work
in these areas and full
implementation of future Diversity
Strategies
 A commitment to address
language and communication
barriers through developing a
policy on translation,
interpretation and
communication supports;
 A commitment for An Garda
Síochána to consult widely with
diverse and minority groups to
inform future diversity
awareness raising, training and
policy initiatives;
 Quality assurance of all future
diversity training programmes;
and
An Garda Síochána is committed to implementing all Diversity
Strategies in full on the basis outlined.
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 Continuation of training to all
staff in the organisation.
4.3.6
Government to engage with the
Council of Europe to learn from
good practice across the continent
regarding anti-discrimination
activities undertaken by police
forces.
The Department of Justice and Equality now represents Ireland on
the Council of Europe’s CAHROM Committee which deals with
Roma issues. The Department (as the European Commission’s
National Roma Contact Point) also continues to engage at EU level
on and works at national level to promote and support the inclusion
of Roma and Travellers in Irish Society.
In addition, An Garda Síochána (GRIDO) continues to nurture
links with the Roma Support Group and regular consultation
meetings take place regarding Garda service delivery issues and the
Roma community. GRIDO is currently in discussion with the
Roma Support Group in developing a Roma Cultural Awareness
Training Model. This group have applied for EU funding for such
project and GRIDO are awaiting the outcome of that application.
Since 2012, GRIDO has been liaising with Musicantia, a group of
Roma musicians that works closely with Roma youth to develop an
anti-discrimination/anti-profiling training course, which was
finalised in early 2014. The course is delivered jointly by GRIDO
personnel and four Roma trainers.
GRIDO has also been working since 2013 on the development of a
Garda/Roma anti-discrimination/anti-profiling course with NASC –
the Irish Immigration Support Centre, based in Cork City. Through
the offices of GRIDO and the Garda Commissioner; NASC have
secured funding from the European Union for the development of
the said course. GRIDO personnel, a Garda Ethnic Liaison Officer
from Cork and NASC personnel have commenced the development
of training modules for this course.
The HSE is represented on the COST network (European
Cooperation in Science and Technology, cost.eu) Action IS1103:
Adapting European Health Systems to Diversity. A Working
Group of this action is focused on Roma issues and ongoing HSE
engagement with the Roma community will be informed by
outcomes of this action.
4.4
An Garda Síochána should develop
a protocol on the exercise of powers
under section 12 of the Child Care
Act 1991. In addition to providing
more detailed instruction for
members of An Garda Síochána in
dealing with the situations in which
section 12 of the 1991 Act is most
commonly invoked, the protocol
should include specific guidance on
the more unusual situations in which
In consultation with Tusla, An Garda Síochána is currently
developing a joint agreement regarding the use of section 12 of the
Child Care Act 1991. This agreement will also inform a concise
guidance document to aid the decision-making process, outlining
the matters to be considered by An Garda Síochána when invoking
Section 12. Any issues identified will be dealt with through
training.
In addition, there is in existence a guidance leaflet for parents,
which is issued by TUSLA. This document explains to parents the
circumstances surrounding the removal of a child to a place of
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the identity of children is in doubt.
safety.
Garda Child Protection Policies, as outlined in HQ 48/2013 Garda
Síochána Policy on the investigations of Sexual Crime, Crimes
Against Children and Child Welfare and alluded to in the Logan
Report will be subject to comprehensive review, the outcome of
which will require dissemination throughout the AGS organisation
for future guidance and compliance. The impending Children First
legislation will also be taken into account as part of that review.
See 4.4
4.4.2
Guidance to be made available to
members of An Garda Síochána in
dealing with situations in which
section 12 of the 1991 Act is
invoked should include significantly
more detail.
4.4.3
With specific reference to situations See 4.4
in which children’s identifies are
called into question, a Garda
protocol on the use of the powers
under section 12 of the 1991 Act
should include: clear guidance on
what factors should be considered
by members in forming a reasonable
suspicion that a child may be
abducted; guidance on undertaking
discrete enquiries and when it is
appropriate to call to the child’s
home; and the possibility of case
conferences with Tusla where there
is no indication of an immediate risk
to a child but where the Gardaí must
nonetheless investigate a concern.
4.4.4
Such a Garda protocol should be
placed in the public domain, as well
as internal policy documents
relevant to child protection.
4.4.6
In addition to a protocol addressing
inter-agency cooperation in relation
to section 12, An Garda Síochána
needs to develop its own internal
protocol on the implementation of
section 12 of the Child Care Act
1991 along the lines set out above.
A joint protocol between the Gardaí and Tusla has been prepared.
An agreed version of the overarching agreement regarding section
12 between An Garda Síochána and Tusla will be published on
both organisations’ websites, subject to the withholding of sensitive
operational information.
Version 1 of An Garda Síochána Policy on Sexual Crime, Crimes
Against Children and Child Welfare is currently available on the
Garda website, the 2013 revised edition of this policy will be made
available on the Garda website.
See 4.4.
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4.5
4.5.6
Details regarding the use of section
12 of the Child Care Act 1991
should be included in the Garda
Commissioner’s Annual Report to
the Minister for Justice and
Equality.
Consideration should be given to
providing for independent oversight
of the use of section 12 of the 1991
Act in order to further enhance
transparency and accountability in
this area.
Details of the number of times section 12 is invoked will be
included in the Garda Commissioner’s Annual Report to the
Minister for Justice and Equality.
The inclusion of details of the use of Section 12 powers by An
Garda Síochána in the Commissioner’s Annual Report to the
Minister for Justice and Equality, allows for an additional level of
public oversight and scrutiny, by the Oireachtas Committee on
Justice, Defence and Equality.
In addition, the new Policing Authority will have an oversight role
into all Garda matters including the use of Section 12 powers
Independent oversight also exists within section 12 of the Child
Care Act 1991, in that the child must “as soon as possible be
delivered up to the custody of Tusla”, who then make the
independent decision as to whether


to return the child to the parent having custody of him or a
person acting in loco parentis, or
to apply to Court for an Emergency Care Order.
In making this decision the Agency carry out an immediate and
independent assessment of the child’s circumstances and consider
all the facts of the case, including the decision making process of
the member of An Garda Síochána who removed the child under
section 12.
Further independent oversight is provided by the Courts once
application for an emergency care order is made. The Judge will
hear evidence from the Agency and An Garda Síochána as
necessary and only on consideration of all the facts of the case will
the Courts make an order.
Additional oversight is also provided by the Garda Síochána
Ombudsman Commission (GSOC). GSOC may investigate any
complaints relating to the use or non-use of section 12. The Garda
Síochána Inspectorate provides a further layer of independent
oversight of all actions of Members of An Garda Síochána.
Ultimately all parties involved in the exercise or non-exercise of
section 12 have recourse to civil litigation.
Finally, Tusla has established its own monitoring arrangement on
responses to the use of S12 by AGS.
4.6
There should be an independent
audit of the exercise by An Garda
Síochána of section 12 of the Child
Tusla has undertaken an audit of interventions notified by AGS
under S12 for 2012 and 2013.
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4.6.3
4.7
Care Act 1991. The audit should
In addition, An Garda Síochána is finalising arrangements for the
include:
conducting of an independent Audit.
 A breakdown of the reasons
cited for invoking section
12;
 A comparison with the
number of successful
applications for emergency
care orders in the District
Courts;
 An examination of the
length of time the child was
deprived of his/her family
environment; and
 The ethnic background of
the children in respect of
whom section 12 of the
1991 Act has been invoked.

Independent audit of the use of
See 4.6.
section 12 would have to consider a
number of issues, including:
 How an accurate picture can
be obtained of the use of
section 12 of the 1991 Act
in respect of Irish children
whose parents are not Irish;
 Whether certain groups are
over-represented in the
figures when compared with
the size of their
communities and, if so,
whether there is a
reasonable basis for this;
and
 Whether there is a disparity
between the representation
of different groups in the
figures for the use of section
12 of the 1991 Act as
compared with the overall
number of referrals to/from
Tusla for children.
An Garda Síochána should develop
a national model for child protection
in order to build on the work already
accomplished by the existing Child
Protection Units.
The model for child protection in An Garda Síochána is set out in
the Garda Síochána Policy on Sexual Crime, Crimes against
Children and Child Welfare (HQ.48/13). An Garda Síochána is
currently examining methods of ensuring local implementation of
this model.
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4.7.8
In developing a model for child
protection within An Garda
Síochána, it is essential to consult
with the Gardaí already working
within the existing Child Protection
Units to harness best practice.
Consultation commenced with existing child protection units in
order to identify best model. DSVAIU personnel will develop a
best-practice model for child protection units operating at
Divisional/District level with a view to standardising and
professionalising this important Garda function with uniformity
throughout the State.
4.8
An Garda Síochána should have
enhanced access to information held
by both Tusla and the Health
Service Executive with respect to
children whose identities are called
into question. Specifically,
 Consideration should be
given to allowing members
of An Garda Síochána
access to Tusla’s National
Child Care Information
System and this should be
complemented by the
development of a national
out of hours social work
service.
 An Garda Síochána should
develop a protocol for
accessing information held
by Public Health Nursing
Teams in the context of
concerns raised regarding
the identity of young
children.
While Agencies are examining issues around Data Protection and
medical/clinical confidentiality, the following progress can be
reported.
The Department of Health in conjunction with the HSE will
explore options and requirements for provision to contact the
public health nurse in an out-of-hour service.
Tusla’s CPNS is currently being transferred to a national database.
Plans are in place to allow the Gardaí access to this system and a
joint protocol is currently being prepared.
Tusla is in the process of further developing the Child Protection
Notification System to provide24 hour 'read only' access to An
Garda Síochána to check if children are listed on the CPNS. The
threshold for inclusion on the CPNS is ongoing risk of significant
harm.
A National “Out of Hours” Social Work service is under
development by TUSLA which will allow An Garda Síochána
access to information held by the Agency.
In addition, Tusla, HSE and An Garda Síochána are engaging with
a view to developing an overarching Information Sharing protocol.
An interactive map is currently being developed for publication on
the Garda Síochána Portal whereby members of An Garda
Síochána may obtain appropriate contact details of the relevant
AGS Inspector / Sergeant and TUSLA Manager / Supervisor on
each AGS / TUSLA Liaison Management Team. This interactive
map can be populated with “Out of Hours” social work contact
numbers.
Abbreviations:
DJE
AGS
DH
DCYA
TUSLA
HSE
GSOC
Department of Justice and Equality
An Garda Síochána
Department of Health
Department of Children and Youth Affairs
Child and Family Agency
Health Service Executive
Garda Síochána Ombudsman Commission
June 2015
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