Dáil debates

Tuesday, 28 February 2017

2:15 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

First, the least this House can do is apologise to Grace and her family. Her treatment is a disgrace to us, as a country.

The Minister of State at the Department of Health, Deputy Finian McGrath, requested the HSE to publish the Devine and Resilience Ireland reports following his receipt of the Dignam report in early November last and following discussions with the Garda Síochána, the HSE has been able to publish the redacted reports today, 28 February.

The Government is committed to the establishment of the commission, which we agreed to set up on 2 February 2016. Following the disclosure and the serious of the matter, the Government agreed to set up that commission of investigation. The Minister of State, Deputy Finian McGrath, will bring those terms of reference to Cabinet next Tuesday. The HSE apologised today to anyone who experienced serious failings in the care received and for the significant failures of the former South Eastern Health Board.

The Oireachtas has passed a number of items of legislation dealing with issues about this area including the Criminal Justice (Withholding of Information on Offences against Children or Vulnerable Persons) Act 2012, which makes it an offence to withhold information on serious offences committed against a child or a vulnerable adult; the National Vetting Bureau (Children and Vulnerable Persons) Act 2012; the Criminal Law (Sexual Offences) Act 2017, which includes stronger sanctions aimed at protecting children from sexual exploitation, child abuse material and online grooming, was passed by the House at Christmas and signed into law by the President last week; and the Children First Act 2015, which placed key elements of the Children First national guidelines on a statutory basis, has been enacted. When fully commenced at the end of this year, the latter Act will provide for a number of key child protection measures. The Government also established the Child and Family Agency and children have been recognised as individuals in their own right under the Constitution for the first time.

The policy in respect of intellectual disability, Safeguarding Vulnerable Persons at Risk of Abuse, launched in December 2014 provides one overarching policy to which all social care services, including those provided directly or indirectly by the HSE, have subscribed and implemented in their places of work. This has ensured that there is now a consistent approach to protecting vulnerable people - it is a no-tolerance approach to any form of abuse or neglect - and a culture which supports this ethos.

The national guidance on host families in community settings recommendations were made in 2011 and updated in 2012. Ms Leigh Gath is the confidential recipient who will examine concerns and offer help and advice to vulnerable adults or anyone concerned about a vulnerable adult in a HSE service or a service funded by the HSE. The HSE is also establishing a national implementation review panel.

Deputy McDonald asked if arrests have been made in respect of any criminal activities. That is a matter for the Garda Commissioner and the Tánaiste and Minister for Justice and Equality to report on. I do not have information in respect of arrests following criminal activity or any case that was being pursued.

The two reports speak for themselves, and they are shocking. As the Deputy is aware, when Mr. Dignam reported back in September 2016, there were a number of legal procedural issues to be dealt with. The Minister updated the Government. They are now published, admittedly in redacted form, and next week the Minister of State, Deputy Finian McGrath, will bring the terms of reference for the commission to Cabinet for approval and before the House subsequently.

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