Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on Health

A Regulatory Framework for Adult Safeguarding: Law Reform Commission

Ms Rebecca Coen:

I wish to make two points on the issue, in particular on social workers. The commission adopts an approach that is end user focused. This means considering the legal issues that arise from all angles - from the perspective of those who will be affected by any proposed legislation and the perspective of those who will be using it daily. The point of view of social workers is something that we are considering closely. We are not just thinking about these issues from an abstract and purely legalistic standpoint. We are trying to identify the regulatory and enforcement gaps in adult safeguarding. We are doing that in a practical way, which is about looking for workable solutions, as Ms Justice Laffoy stated. We are not considering the end user through just a narrow focus. Rather, we are considering the issue across the board - social care professionals, the Garda and regulators such as HIQA - so that the recommendations we will make will be relevant and practical.

We are also considering the regulatory framework in an holistic way because this project is not just about health. It is also about financial abuse, physical abuse, neglect and deprivation of liberty. We must think about it from a number of different standpoints. Committee members will appreciate the complexity of this issue is such that, when it cuts across all of these agencies, it also cuts across various areas of law. We are looking at the area of regulatory enforcement, data protection, information sharing and gaps in criminal, tort, banking and family law.

We are looking at those powers in a way that, hopefully, will make workable recommendations. We very much value the input of people on the ground who can tell us about the barriers to them conducting the work of safeguarding, the barriers to effective inter-agency co-operation and information sharing and so forth.

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