The Gardaí who seized two Roma children from their parents on suspicion that they had been kidnapped “acted in good faith”, Justice Minister Alan Shatter has said.

He was speaking after a HSE report into the issue blamed the Gardaí for not consulting properly with social workers in one of the cases, the Irish Independent reports.

Reports in the wake of the incident said that there were at least five other cases in which the Gardaí took children away from their parents on spurious grounds.

Gareth Noble, a solicitor specialising in juvenile justice issues, told the Irish Independent in the past year he had encountered five cases where children were returned to their parents soon after Gardaí had taken them into HSE care.

Mr Noble described child protection law as “very subjective” and the threshold for “reasonable grounds” as very low.

Commenting on the HSE report, Mr Shatter said that there was nothing he had read to indicate “that the Gardaí  acted in anything other than good faith in dealing with these issues. But there may be some lessons to be learned.”

Children’s Ombudsman, Emily Logan, is due to begin an inquiry into the actions of Gardaí in taking away a seven-year-old girl from Tallaght, Co Dublin, who cannot be identified; and Iancu Muntean (2) from Athlone, Co Westmeath. Gardaí had acted last month after doubts were raised about their parentage but DNA tests revealed that they belonged to their parents.

Both children, who were noticed because of their blond hair and blue eyes, are back with their families after the traumatic experience.

Ms Logan has already been sent a copy of the Garda report into the incidents, as well as an HSE report by its national director for children and family services, Gordon Jeyes.

Mr Jeyes’s report states that local social workers in Athlone were kept out of the loop in relation to the detention of Iancu Muntean (2).

Gardaí used an emergency HSE helpline to report the case and a private company secured foster care for him overnight.

Mr Jeyes said that the lack of co-operation between the Gardaí and social workers was “worrying”.

The HSE has refused to comment on the contents of the report.

As well as examining the HSE and Garda reports, Ms Logan will have the power to summon Gardaí for interview. Mr Shatter said he was now finalising the terms of reference for Ms Logan’s inquiry.

“We’re going to furnish those to the Children’s Ombudsman so she can produce a full report and raise any questions she wishes,” Mr Shatter said.

The seizure of the two Roma children attracted worldwide attention – given that they came to light after a Roma girl in Greece had been discovered living with a family who were not her birth parents.

Meanwhile, one of the UK’s most senior judges has said that in the absence of the death penalty, removing a child from
their parents is one of the most “drastic” actions a judge can take
consequences that can last a lifetime.

Sir James Munby, president of the Family Division of the High Court, said parents of children taken into care must no longer be gagged by the courts and journalists should be allowed to report on proceedings.