Oireachtas Joint and Select Committees

Wednesday, 4 October 2017

Joint Oireachtas Committee on Health

Adult Safeguarding: Discussion

9:00 am

Photo of Colette KelleherColette Kelleher (Independent) | Oireachtas source

I have some questions for each witness. I commend Mr. Healy on his leadership in developing the adult safeguarding policy in the wake of Áras Attracta. It was hard to take any positives from that but the work that was initiated by Mr. Healy in establishing the National Safeguarding Committee in December 2015, on which I served, and the adult safeguarding teams in the nine community healthcare organisations was positive. In his submission, he was clear that we need adult safeguarding legislation and he was also clear about the constraints in the current capacity and scope of the HSE policy. I think this was referred to by other speakers. Mr. Healy mentioned specific points regarding the adult safeguarding legislation. He will be glad that they are contained in the Bill referred to by Deputy Kelleher around legislative gaps. Assessment, planning and co-ordination can be found on page 9; definition and preference for the adult at risk concept rather than the vulnerable adult can be found on pages one and six; the balance between human rights principles and autonomy, which is a tricky one because we want to protect people but people also have a right to control what interventions and supports they get, is on page ten; inter-agency collaboration is on page nine; and the independent advocacy right is on page ten. Going back to where we are at present, we have an estimate of about 32,000 cases of abuse, which is a huge figure, and with no scope around them. A total of 8,000 cases were reported but this was probably significantly under-reported. Could the HSE spell out what its adult safeguarding teams, welcome as they are, cannot do at the moment because of the lack of a legislative base? We had information about powers of entry and financial abuse. Deputy Kelleher also said that there would be far more people living in the community so that is all the more reason why we have adult safeguarding provisions. Can the witnesses spell out what powers adult safeguarding teams do not have? I would also like to hear about the multiple roles the HSE carries, if there are conflicts of interest and if the HSE can be truly independent? I would like to hear from the HSE in respect of that question but also Ms Rickard-Clarke and Mr. Taylor.

I have some questions for Ms Rickard-Clarke, who I thank for her powerful leadership of the National Safeguarding Committee. Could she comment on how the Adult Safeguarding Bill, as drafted, measures up and what she would add to it? How should this committee advise the Minister in respect of progressing the adult safeguarding legislation that is currently on the Seanad Order Paper?

My final question is addressed to Sage. The Bill, as drafted, includes access to an independent advocate so that takes up many of the points the witnesses from Sage made about the importance of enshrining that right in legislation. Could the witnesses from Sage comment on the Bill, as drafted? What would they recommend to the Minister in light of the magnitude of the issue we need to address - 32,000 cases, 8,000 of which reported to the HSE? What should this committee say to the Minister about the urgency to develop the legal framework for adult safeguarding?

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