Ms Patricia Rickard-Clarke:

I will answer a few of those questions. I may ask my colleague, Ms Annmarie O'Connor, to come in on specific issues.

As the Deputy asked about particular areas of abuse, I wish to say that Safeguarding Ireland does not provide any service; it is a body looking for the enactment of legislation. Forty organisations feed into it, including the National Federation of Voluntary Bodies, Inclusion Ireland and the Mental Health Commission. All of those are members of our national advisory committee. Financial abuse is high on the list of types of abuse in our paper and in the HSE's figures. Coercive control - controlling behaviour for financial, sexual or physical abuse - permeates all other types of abuse. It is a huge issue and we identify it in our paper. It is noted that Safeguarding Ireland assisted with drawing up the amendment to the Non-Fatal Offences against the Person Act 1997 that was provided for in July 2023 under the Criminal Justice (Miscellaneous Provisions) Act 2023. The Minister accepted that it was necessary to expand coercive control wider than how it is contained in the domestic violence legislation. This is an urgent matter that must be dealt with.

The levels of abuse are another urgent matter. An issue that arises is the deprivation of a person's liberty. There is specific legislation for people who commit crime; they have a right to a fair trial and to legal representation, etc. There is detailed mental health legislation for people who are involuntary detained. However, there is no detailed legislation covering people who are put into places of care or into congregated settings where they do not want to be. I refer to respecting their individual rights, their will and their preference on these issues. The deprivation of liberty is a constitutional matter under the Assisted Decision-Making (Capacity) Act 2015. There is no process prescribed by law as is required by the Constitution, the European Convention on Human Rights and the UN Convention of the Rights of People with Disabilities. That is a big gap. This is an urgent matter that needs to be dealt with because at the moment, there are delayed discharges for older people and for nursing homes.

The Circuit Court does not have jurisdiction to make orders, to put people in a place or to detain them where they do not want to be. An application to the High Court is needed. Therefore, there is an application for a person who lacks capacity going to the Circuit Court and a second application must be made to the High Court to exercise its inherent jurisdiction. An inherent jurisdiction means that there is no specific statutory prevision and that the High Court can exercise its discretion to make such orders. I wished to mention the whole question of financial abuse as it is widely under-reported.

As for the Deputy's question on who are the main perpetrators, the figures from the HSE indicate that almost 80% are relatives and family members. There are high levels within the family - much higher than in community and care settings and such.