Oireachtas Joint and Select Committees

Wednesday, 21 February 2024

Joint Oireachtas Committee on Disability Matters

Safeguarding: Safeguarding Ireland

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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I thank the witnesses for their attendance and presentation earlier and for waiting such a long time for all those votes. I am looking at some of their objectives and some of the things they have identified as being positive developments. A number of reports are due, including the results of the review from Mr. Bernard Gloster of the HSE in a couple of weeks, the Minister of State, Deputy Butler's proposals and that of the Law Reform Commission. Are the witnesses hopeful that the outcome of all those reports will lead to legislation for the adult safeguarding legislation and the establishment of the independent national adult safeguarding authority? I want to pick up on a number of issues.

I note people have already expressed the concern that the Garda does not seem to have the numbers of complaints and I wonder why that is. I attend my JPC meeting in my locality and they will have a breakdown of different types of crimes they deal with. This is not included and I wonder why. We hear a lot in this committee about data collection regarding disability issues and that, unfortunately, it is insufficient at best and absent much of the time. It is hard to plan without proper data. Why is it the case the Garda does not have the numbers?

It was mentioned that some forms of abuse are often dismissed or trivialised. What type of abuse is that? Is that more in places such as nursing homes or institutions of some sort rather than, as was said, in the family, where much abuse occurs as well?

Deprivation of liberty was mentioned. I have had occasion to deal with families with, for example, a young adult of 18, 19 or 20 years of age who is often non-verbal, usually autistic, and there may be behavioural issues out of frustration and not getting the proper supports. When the families reach out looking for support, the young person is put in an institution, usually an unsuitable one. Sometimes it is a hospital, a mental health institution or a residential facility, and they are often overmedicalised. I think it is called pharmacological restraint. The families cannot go anywhere to get this dealt with. If they try to make a complaint, they are more or less told that the young person is an adult. The young person is non-verbal though. Is that something the witnesses are aware of or have received complaints about? Do they foresee this being covered by safeguarding legislation?

I attended a presentation earlier today on restraint and seclusion in schools. I know that is children, not adults, but unfortunately much abuse is happening within our schools as well, especially among children with disabilities. I think more than one third of them have been secluded, physically restrained or medically restrained. Different forms of restraint are being used. It is just shocking. It is happening in our schools where there is safeguarding and there should be somebody there to report this behaviour to. It is still happening on a large scale. There is a need for guidelines or regulations on it. It is probably, in a way, not surprising that it is happening among adults as well. It needs to be highlighted and prevented.

On whistleblowers, you will often come across people working in a nursing home, for example, where they witness abuse and report it. They do the right thing and then they end up being the person who is victimised by other staff. Do the witnesses find there is sometimes a culture within certain organisations of overlooking abuse and then backing the person perpetrating the abuse? It could be out of fear of that person, who might have a bullying attitude.

I will leave it at that.