Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I thank Deputy Martin for raising what is another serious legacy issue that does no reflection upon this nation or upon the institutions involved, in particular because of the case of the person known as Grace who because of her condition was silent but who by her treatment and her abandonment was silenced. It is important to understand that a great deal of allegations have been made surrounding this and other issues in regard to this particular premises. Clearly, the safety and the protection of vulnerable people has to be of paramount importance to the State. It is not that the system has failed; it is that the people in charge of the system have not measured up. The Deputy has pointed out a number of important issues. The specific case is complicated by the fact that a Garda investigation is ongoing which has precluded the HSE from publishing two separate reports, namely, the Devine report and the Resilience Ireland report, into the matter pending completion of Garda inquiries. Obviously, we need to be very focused and precise about the questions that need to be followed through on. As I understand it, it is possible for a commission of investigation to proceed in parallel to the Garda inquiry though it might mean that when the commission report is completed, it might not be possible to publish it in full pending elements of whatever might emerge from the aforementioned Garda inquiry.

I can confirm to Deputy Martin that the Government discussed this matter today and had briefings from both the Minister for Health, Deputy Varadkar, and the Minister of State at the Department of Health, Deputy Kathleen Lynch, and agreed on the establishment of a statutory commission of investigation, subject to terms of reference and approval by the Oireachtas. That will be the next Oireachtas, whoever the people elect. The work that is under way, which was commissioned by the Minister of State, Deputy Kathleen Lynch, with Mr. Conor Dignam, SC, will be expected to form part of the drafting of the terms of reference for a commission of investigation. Additional resources have been made available for the senior counsel to allow him to accelerate completion of his report, which now is due by the end of April. I might note that both the Minister, Deputy Varadkar, and the Minister of State, Deputy Kathleen Lynch, have requested copies of both the Devine and the Resilience Ireland report from the HSE under section 40C of the Health Act 2004. Both Ministers believe direct access to these reports will assist their understanding of the relevant facts that are needed about the disturbing allegations that have been made. As the Deputy is aware, officials from the HSE are engaged with the Committee of Public Accounts at present. It speaks for itself that it is a committee of this House charged with dealing with monetary matters which has brought this matter to light here.

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