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:
I will start with Cuan. The analogy we were making was that Cuan was set up on a non-statutory basis before the legislation, so there is now nothing to stop the setting up of that independent statutory authority and working towards the enactment of the detailed legislation, but we need a body now to deal with a lot of the issues.
I will ask my colleague to talk about HIQA. Before doing so, I turn to training. The HSE carries out training for HSE staff. We get a lot of enquiries from organisations around the country about training, and it is difficult to get a body that is equipped and has the expertise. One of the functions of the independent adult safeguarding authority would ensure standards of training and all of that. It is an important issue. We fully endorse the principles set out in the legislation by the Law Reform Commission, which is the rights-based approach. People need to be trained in that to understand the right of an individual. Regardless of whether they can make a decision or not they have certain constitutionally protected rights. There is also the empowerment and person-centred protection and the safeguarding body, so again those principles. The Law Reform Commission points out that all organisations or individuals interacting with an at-risk person must abide by the principles. They are protection, prevention and proportionality, so only as necessary and proportionate. We have no integration, no co-operation or data sharing. There are huge issues to be addressed. There is then accountability. Recently, the Law Reform Commission also recommended that financial service providers amend their business regulations to include individual accountability. That is again coming from Europe. We need individual accountability in the health and social care contexts, and in the wider safeguarding issue. We need accountability by owners, directors, leaders or whatever it is right up the line. Those principles are really important to underpin the legislation.
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