Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

We need to be very straight regarding what exactly is the position. Is it the case that the outcome of this commission of investigation cannot be published until the Garda inquiry is concluded? Is it also the case that witnesses may not co-operate with the commission of investigation for fear of prejudicing matters and so on? Is that a concern? The terms of reference can be agreed. We know that from the issue relating to the IBRC and Siteserv. The terms of reference can often be an issue of contention but not the core issue. The core issue is legal competence and the capacity to have the comprehensive inquiry that is required. There was an appalling series of events and a bungled apology by the HSE but, to a certain extent, that is not the core issue. In one sense, the core issue is the scale and horrific nature of the abuse that was perpetrated on the young, defenceless children involved. That seems not to have been brought out by either the criminal justice system or, for whatever reason, there might have been genuine obstacles in the way of the Director of Public Prosecutions, DPP, in terms of bringing prosecutions. I am realist in that sense but, nonetheless, the whistleblowers are clear that appalling abuse was committed. The rest of us are saying that. I am simply saying that files went to the DPP. Essentially, people were sufficiently concerned about these matters to ensure that no new placements were made. They had real concerns and saw to it that placements ceased.

Grace was left in that facility far longer than any person would have liked, either then, apparently, or subsequently. It seems to me that the inquiry must be fairly comprehensive and perhaps - I am just making a point here - a stronger type of inquiry is needed to deal with those issues. From what I am told and from I have read, there will be no prosecutions. I am proceeding on the basis of what I am reading. I watched the proceedings of the Committee of Public Accounts this morning and observed the toing and froing between its members and the HSE officials. In respect of that whole period in the 1990s and later on, there is a lack of clarity in terms of the abuse allegations and what happened in respect of them. Why did prosecutions not materialise? It is clear that there were concerns. The house in question ceased to be used as a recognised fostering facility for summer respite services by the health board at the time yet people still remained in it. Then there was the phenomenon of families being referred to this home on a private basis as well. Watching the Committee of Public Accounts there seems - if I am correct in my assessment - to have been this tortuous engagement between the HSE officials and the foster parents about ceasing that activity in respect of Ann. She is the second person who was in the home up to 2013. There is a question in that regard. I ask the Taoiseach to share the legal advice with people on that issue. We had all of this with the IBRC and it continued for months and months until, lo and behold, at the 11th hour we learned everything had been for naught because the judge could not continue with the investigation. We do not want to go down that particular route again.

I commend the whistleblowers. In the Neary case and many others, whistleblowers spoke out and focused concentration on the issues. In this instance, the matter has come to light through the Committee of Public Accounts. Whistleblowing, fundamentally, is about culture in any organisation in the sense that people have the freedom to come forward and say what they have to say in a protected environment whereby they will not be penalised subsequently for saying what they have to say. We know from experience in other cases that it can take some time for the whistleblower to be heard and for the impact of what they are saying to be felt.

The other point I would make is that there are 47 children involved. The Resilience Ireland report involves a review of the cases of those 47 children. The HSE says it cannot publish the Resilience Ireland report. I ask the Taoiseach to revisit that matter and to consider what the State can do in respect of the 47 families who had children placed in the foster home in question during the relevant period. The Devine report, which deals specifically with the case of Grace, was commissioned in 2010 and was concluded in 2012. Two years later, the Resilience Ireland report was commissioned. That report examined at the other 46 cases, which was the obvious thing to do. What proactive action is the Government proposing to take in respect of engagement with the families to which I refer? Are counselling services required? Is redress required?

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