Oireachtas Joint and Select Committees
Wednesday, 9 July 2025
Joint Oireachtas Committee on Health
Legal and Policy Gaps in Adult Safeguarding: Discussion
2:00 am
Ms Patricia Rickard-Clarke:
It is the setting up now of our working group, first, to analyse the Law Reform Commission's report, although there is a very clear blueprint in terms of the legislation. As the Deputy knows, it produced a criminal law Bill and a civil law Bill, which have been set out in detail. Therefore, some of those offences - in fact, those offences that occurred recently in the nursing home - could actually be enacted straight away because the Law Reform Commission suggested that some of those offences can be included to expand the withholding of information Act of 2012 and in other criminal law legislation. We do not, therefore, need the overarching adult framework to deal with some of those offences straight away. Apart from that, we need the setting up of the working group, and the Cabinet committee to instigate it. From speaking to Departments and public servants, they are waiting for a direction from Government as to the next steps they should take, so it is really important that they get a direction from Government to have a working group that is interagency and interdepartmental. As the Deputy said, financial abuse is not documented; there is no data. It is widespread among all aspects. We have done surveys and found that even for the person with the disability at age 19 or the cuckooing, all those issues have been identified by the Law Reform Commission. We need the working group set up to analyse the Law Reform Commission's document report and then have a timetable for the actual enactment of the legislation.
I mentioned the Assisted Decision-Making (Capacity) Act. Again, a lot of training is needed on that. There was a Bill in 2008. That Act did not commence until 2023. Meanwhile, people's human rights are being abused and all of that. We have delayed on the deprivation of liberty. We again had consultation in 2017. We have another consultation now. We are now waiting on that legislation. There is a delay with everything. Meanwhile, people are being abused, exploited and neglected, and there is no body to deal with that. When an issue arises, like in the Grace case, we then look at the different mechanisms and ask whether it is a commission of investigation or a one-man investigation or a public inquiry instead of having safeguarding boards, like in other jurisdictions such as Scotland and others, whose obligation is to carry out those investigations.
It does not need to be a large body as it can call in the expertise it needs. It would have the oversight, timelines and budget, which are all very necessary, and the learnings. We do not have any learnings from any of the previous reports. Where are the learnings? We are still repeating the abuses. I hope I have answered the question.
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