Dáil Éireann Debate, Tuesday - 26 May 2026
1000. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department has issued any formal governance expectations, oversight directives, reporting requirements or policy guidance to Tusla concerning the proportionality, consistency or evidential thresholds applied in Emergency Care Order applications under sections 12 and 13 of the Child Care Act 1991. [39842/26]
View answer1001. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether emergency child removals form part of any Departmental governance, safeguarding, audit or enterprise-risk oversight discussions with Tusla under the Oversight Agreement framework.; and if she will make a statement on the matter. [39843/26]
View answerI propose to take Questions Nos. 1000 and 1001 together.
The Department of Children, Disability and Equality is responsible for the governance and oversight of Tusla, the Child and Family Agency. It does this through a range of mechanisms, including the Tusla Performance Framework, annual Performance Statements, the Oversight Agreement with Tusla and ongoing engagement with the Agency.
The Oversight Agreement sets out the respective roles and responsibilities of the Department and Tusla, including arrangements in relation to governance, reporting, performance monitoring and accountability at an organisational level. Within this context, issues relating to the overall operation and risks within child protection and welfare services, including the use of emergency interventions, may form part of high-level discussions.
However, Tusla is statutorily independent in the performance of its functions under Section 8(11) of the Child and Family Agency Act 2013. Accordingly, the Department does not issue directions in relation to operational decision-making, including the proportionality, consistency or evidential thresholds applied in applications for Emergency Care Orders under Sections 12 and 13 of the Child Care Act 1991. Such decisions are a matter for Tusla, in accordance with the provisions of the Child Care Act 1991, relevant case law, and Tusla’s own policies and professional practice guidance, including Children First: National Guidance for the Protection and Welfare of Children.
