Oireachtas Joint and Select Committees

Wednesday, 4 October 2017

Joint Oireachtas Committee on Health

Adult Safeguarding: Discussion

9:00 am

Mr. Pat Healy:

External to the HSE. This is a panel like one that would be tendered for external expertise.

Decongregation raises issues of regulation in the community and home care.

As Senator Kelleher said, many of the areas we were focused on are covered in the legislation. In our opening statement we were trying to set out our issues. The simplest way of dealing with the constraints would be to highlight section 3 of the Child Care Act 1991 which gives Tusla, the Child and Family Agency, the authority to do all that it does for children. There is no such legislation for adults. The Oireachtas has not bestowed that responsibility on any organisation. The only authority that has the power to investigate abuse is An Garda Síochána. No entity in the State has the authority to remove vulnerable people. In individual cases there is potential in the area of inherent jurisdiction to go to the High Court. There is the use of the wards of court provisions and so on. The legislation is required. As the national director of social care, my priority is that the national policy, which is good and can be developed, needs a legislative basis. Certainty needs to be provided for those who are working in the field.

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