Holly Cairns (Cork South West, Social Democrats) | Oireachtas source

I had to step out to the Chamber, so I hope I do not repeat anything. I thank the delegates so much for attending.

The UN Convention on the Rights of Persons with Disabilities requires the State to put appropriate measures in place to protect persons with disabilities from all forms of exploitation, violence and abuse. That is an important obligation given the vulnerabilities involved for some groups; however, there is also a balance to be reached to avoid being too paternalistic in our attitudes. Generally, the issues raised at meetings of this committee concern not a lack of safeguards but a lack of supports that prevents disabled people from living as independently as possible. However, it makes sense to state those experiencing safeguarding issues may not be in a position to appear before the committee. It is very concerning that of the more than 10,000 safeguarding concerns notified in 2020, 78% related to older people and the disability sector.

My first question is for Professor Phelan. Sage Advocacy casework includes issues related to coercive control exercised by relatives over vulnerable adults, from not allowing people to manage their social welfare payments to isolating people intentionally. The intersections of domestic violence and disability are not discussed enough. Could Professor Phelan elaborate on the issues in this area, as she understands them, and the potential interventions that could help to protect people? She mentioned the financial abuse of vulnerable adults. The assisted decision-making legislation is being amended currently. The Joint Committee on Children, Equality, Disability, Integration and Youth just produced its pre-legislative scrutiny report, and the codes of practice are being drawn up. Could Professor Phelan discuss changes that are necessary or measures that should be included? What could new safeguarding legislation add that cannot be achieved through better implementation and monitoring of existing laws protecting whistleblowers and requiring reporting of criminal offences against children and vulnerable adults?

My next question is for Professor Kelly. The clarity of his opening statement was eye-opening in its understanding of overlapping areas concerning safeguarding in mental health services. I was especially struck by his articulation of how Ireland is failing to safeguard the rights of people with severe mental illness. He helpfully provided several solutions. Could he elaborate on the point on safeguarding social and medical well-being? He mentioned systematic co-working between mental health services, primary care and social care. Could he outline what that would look like in practice? He also mentioned the need for legislation that balances protection and autonomy. This is a key theme, especially regarding the assisted decision-making Bill and efforts to increase community-supported living. Could Professor Kelly discuss this type of balance and, perhaps, the challenges involved?

My next question is for the delegates from the Irish Association of Social Workers. How can new safeguarding legislation ensure that a person's will and preference are at the centre of any safeguarding process and that reporting cannot occur without a person's consent?

My final question is for the representatives of HIQA. In its annual overview report concerning 2022, HIQA notes that residents who live in congregated settings are at increased risk of being exposed to safeguarding issues. Could the representatives elaborate on the types of risks and issues they have encountered and the progress made by providers in addressing these?

The committee has heard that when it comes to discussions on congregated settings, the individuals concerned and their families can feel sidelined. Are there methods to ensure their voices are central in the safeguarding process?