Oireachtas Joint and Select Committees
Wednesday, 21 February 2024
Joint Oireachtas Committee on Disability Matters
Safeguarding: Safeguarding Ireland
Ms Patricia Rickard-Clarke:
I will attempt to answer those questions. On the objectives in terms of the various publications that are due, the HSE has an external expert to look at that. We spoke to Jackie McIlroy, who is the external expert, and gave our views on the need for that. The Deputy asked a direct question whether we think that will make changes and lead to adult safeguarding. We hope the CEO is conscious of the need for developed systems and efficiencies within the HSE with regard to adult safeguarding. There are gaps, as we said before. It is very limited at the moment. Some safeguarding teams go into private nursing homes and others do not. There are gaps in dealing with self-neglect and other issues. There are quite a number of gaps. Again, they are not in acute hospitals and things like that. I think the CEO is aware of those issues and it is hoped the report will identify what needs to be done and updated.
On the Law Reform Commission report, we hope to see a recommendation for a national safeguarding authority. It is absolutely key to set the scene. The whole composition of that authority is very important. We will be asking the committee to pay specific regard to that need and ensure the legislation provides that the authority has teeth. We understand the Law Reform Commission will be making recommendations about applications to court for right of entry, no contact orders and things such as that, but we need that authority with oversight on all of those issues and to have HIQA, the HSE, the Decision Support Service and various regulatory bodies accountable to it. It should also have representation from all sectors and quite a number of detailed departments. That intersectoral, interdisciplinary, multiparticipation is important to get across the spectrum.
The other issue we have raised a couple times with the HSE is that there is no 24-hour call service for people in difficulty. We in Safeguarding Ireland have got calls out of hours. We need a national call line for people in difficulties. That is a huge gap. Sports bodies, voluntary bodies and other bodies not within the social care sector contact us. There is a huge gap there.
Those are the issues across those sectors. I will leave it to Mr. Cavanagh to answer the question on the Garda figures.
The Deputy asked about abuse being trivialised. We did a survey about 18 months or two years ago and asked the question, “Does another person have a right to make decisions on behalf of a person who is old and frail without their consent?” Some 57% of the Irish population think you can do so without the consent of the person, even if they have capacity. In other words, decisions are made on behalf of people, particularly people in vulnerable circumstances or people with disability. There is a higher lack of respect for their rights. Regarding financial abuse, families think they can just manage the money or decide. They think they can pick up the pension or disability benefit and it is family money, not that person’s money. All of those personal decisions are very important. That is a cultural thing as well. It goes back to asking the person where they want to be and whether they wish to be in that group home or whatever. It is important their needs and risks are all assessed with regard to that.
The Deputy is absolutely right. We in Safeguarding Ireland have just commissioned a piece of research on peer-to-peer abuse, which has arisen quite a number of times. We spoke to the National Federation of Voluntary Bodies, which said behavioural issues are because people cannot express themselves, are unhappy and all of that, so the Deputy is absolutely right. Safeguarding and proper care legislation should pick up many of those issues. I think a lot of resources are spent going around in circles doing the wrong thing rather than putting resources into a proper, effective system of adult care and safeguarding and the prevention of abuse. We should be doing that rather than waiting for the crisis and spending huge amounts of money on legal proceedings or tribunals and all the rest without starting at the beginning and seeing how we can put in preventative and safeguarding measures. That is very important.
On whistleblowers, we need it clear that safeguarding is everybody’s responsibility. I referenced earlier a system internally from bottom up and top down. There needs to be a very open system. We are aware that, say, nursing assistants are afraid to report up the line. There are nursing assistants who get very little training. There are huge issues with that. That leads to lack of reporting and even being afraid to report. Many people who are the victims of abuse or lack of safeguarding are afraid because they may be dependent on other people. It is up to the rest of us to watch out for that, recognise it and raise awareness about it.
Mr. Cavanagh might talk about some of the figures.