Margaret Murphy O'Mahony (Cork South West, Fianna Fail) | Oireachtas source

Fianna Fáil fully supports the proposal to set up a statutory commission of investigation into the events surrounding the Grace case. The formal establishment of this inquiry is long overdue as it is more than six months since the Minister received the Dignam report, and taking into account that the terms of reference for the inquiry have obviously been greatly influenced by the Dignam report, I do not understand why it has taken the Minister of State so long to get to this stage.

The facts surrounding this case are traumatic and very distressing. In light of the long murky history of child abuse in Ireland, people are appalled and upset to learn that a child who was in State care was abandoned and abused while being fostered. This is exacerbated when we realise that other children were removed from the home due to concerns. The appalling allegations that have made, and the inadequacy of the HSE's response to them, means this commission of investigation is absolutely necessary.

This is not some distant scandal from our past, from the early years of the State such as the Tuam mother and baby home, which is in the news again. This is a 21st century scandal. The fact is that for all her life Grace has been failed by the State and this failure went right up to 2016, and the issues arising from this failure right up to 2016 will now be investigated. That someone so vulnerable should have been subject to such abuse for so long is frightening and inexcusable, and the revelations keep coming.

Last weekend, Grace’s mother told us that she never knew of her daughter’s abuse until 2009, despite regular inquiries about her daughter's welfare. Grace's mother trusted in the State and placed her child into care as a young, single mother in the late 1970s as she believed it was the right thing to do for the child. She thought it was in the best interests of her child. For 20 years Grace’s mother made regular inquiries about her welfare and was reassured that all was well. She said:

My understanding before all the revelations is that she was happy, she was attending her day services and she was just in a loving caring home. That made me happy knowing that she was happy. Because that is what I was made to believe. That is what I was always told.

At no time before 2009 was she told there was any issue. Now she has received a letter of apology that very understandably she feels she cannot accept and she doubts the sincerity of the letter. The actions of the HSE only serve to buttress this scepticism.

Last weekend, it was also claimed that the HSE waited three years after the completion of the Conal Devine report before contacting the Garda about its contents. The facts of this may be in dispute as the HSE said it had ongoing contact with the Garda between 2012 and 2014. However, the truth is that the HSE has conducted itself so badly throughout this case that we are now at the stage that any damaging claim about it has whiff of credibility. Even yesterday when the HSE issued a new apology to Grace’s mother, it was another ham-fisted effort on its part. Grace's mother, as we know, says that she has many unanswered questions and the HSE had the gall to use this to claim that this was "indicative of just how complex this matter is over a twenty year period". Is it any wonder Grace’s mother will not accept its apology when it is couched in such terms.

As we discuss the commission of investigation, it is crucial we again acknowledge the bravery and the resolve of the whistleblowers. It is clear that without them we would not be here today.

I also pay tribute to the work done by the Committee of Public Accounts, specifically Deputies McGuinness and Deasy, who have been instrumental in bringing this terrible case to public notice. In addition, the reporting and investigations of the Irish Examinerand RTE have been relentless and invaluable.

The terms of reference are extensive and detailed and there is no doubt but that the recommendations of the Dignam report have largely been taken on board, which we welcome. We also welcome the requirement that the commission will complete an interim report within six months and a final report within 12 months. This may turn out to be optimistic when we consider the duration of other commissions but it is important to set a challenging target. This matter is urgent. It is clear, though, from the terms of reference that a conscious decision has been taken to put the case of Grace to the front and centre. This is understandable, and my party accepts there is an urgent need to complete the inquiry on Grace first. The terms of reference leave it open to the new commission of investigation to recommend further action and "specify the scope of any further investigations which the Commission considers warranted in the public interest having regard to the facts established and information in its possession including the report by Conor Dignam SC ... and his recommendations regarding the areas to be examined by a Commission of Investigation contained in Chapter 4 of that report". I know many people want a number of further investigations considered now and I am sure they may well be warranted. We should let the reports on Grace be published first. However - and I am not prejudging the outcome of the commission of investigation - the fact is that to read through the terms of reference is to read a catalogue of failures and deficiencies. It therefore seems unimaginable to me that in the light of what we already know, further inquiries would not be undertaken. Accountability demands no less and it is a matter to which we should return. Nonetheless, it may arise that when reporting in a year's time, the commission finds that it does not consider further investigations warranted. I want to be clear, however, that my party will not accept such a conclusion. The details thus far about other cases may not be on the same spectrum of horror as that of the case of Grace. Furthermore, to include them at this juncture may prolong the investigation of the Grace case. However, the concern is justified and legitimate and cannot be dismissed.

The heinous allegations of sexual and physical abuse by foster parents in the south east behoves the Government to immediately put the national safeguarding policy for vulnerable adults on a statutory basis and I am not alone in urging this. Last November, the HIQA chief executive basically called for the Children First guidelines to be put in place for vulnerable adults and he set out a clear basis for this. Last year, when Grace's case was debated in the Dáil just before the election, one contributor very rightly stated "we must put in place adequate protection measures for all people with intellectual disabilities". That contributor is now a Minister of State and I urge Deputy Finian McGrath to act on his words. The terms of reference for this promised inquiry are finally here and we accept them in good faith. It may be that in a year's time we will be invited to expand them. If this happens, we will be open to that. What is important now is that the commission gets on with its work, does it as thoroughly and efficiently as possible and provides the answers this House, the public, Grace and her mother deserve.

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