Dáil debates

Tuesday, 7 March 2017

Commission of Investigation into the Grace case: Motion

 

7:15 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

It is beyond comprehension how Grace, a young woman with intellectual disabilities, was left in a foster home for 20 years, despite a succession of sexual abuse allegations. It is equally hard to understand how 46 other children were placed in this setting over the two decades up to 2013. This scandalous series of events represents nothing other than gross negligence on the part of the State and the State bodies that have a duty of care to these young people.

So many things were quite simply wrong in this case and there are so many questions as to how this was let trundle on for more than 20 years. Among the starkest realities of the case is the fact that there is no evidence that the foster family in question was ever approved to provide long-term care. In addition, why was there no monitoring, supervision and oversight of care, "no intervention or interactions", as the Conal Devine and Resilience Ireland reports state? How was it that the 1996 decision to remove Grace from the foster home following allegations of sexual abuse was subsequently reversed following representations from the foster father? Why was no contact made with Grace's mother to inform her of the allegations?

Sinn Féin supports the establishment of a commission of investigation. It is vitally important that we get to the bottom of how all of this was allowed to happen to Grace. Based on the terms of reference published today, I would appreciate if the Minister could clarify a number of important points. The information to date suggests that there was only one perpetrator involved in this abominable case. Is this the case? Has this man since passed on? There was another party who made representations to the then Minister for Health, Deputy Michael Noonan, alongside the male in the foster household. That party requested that Grace remain in the foster care setting. Is that person still alive? When did the Garda and the South Eastern Health Board first become aware of all of this, of even the suspicion? Will there be a thorough investigation of how they acted? It is deeply shocking and worrying to note that in a third State-sponsored review of the two reports carried out by senior counsel Conor Dignam, concerns were included pertaining to the shortcomings in the documents available, specifically that documents that would have been of relevance were deliberately destroyed by unknown persons. Do we know who was involved in such actions? Ultimately, will any or all of those who will be shown to have acted criminally be made amenable to the laws of the land?

One cannot forget that a further 46 young people were placed in this setting over the years. I understand that the families of those people have expressed disappointment that this investigation will, for the moment, focus specifically on Grace. While I can absolutely understand their distress, I also understand the logic to investigate incrementally all these matters. Furthermore, it must be stated that point 10 of the terms of reference states that based on the investigation's findings, there will be the opportunity to "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 the Commission of Investigation contained in Chapter 4 of that report (including Care and Decision Making in respect of Others)".

In light of all that has unfolded, we need to avoid such abominable failures happening into the future. Every single child should have an allocated social worker. It is incredibly important that the voices of children with disabilities are heard and that they are provided with an independent advocate to ensure their rights are protected. Following the conclusion of this investigation and the publication of the interim and final reports, it is imperative that the recommendations contained therein are implemented and those responsible face due process. No child should ever again have to suffer the way Grace did.

Finally, what of other so-called care settings? Are there, or have there been, other Graces in different placements elsewhere in this sad and sorry land? What efforts are now in train to establish the full truth of the disgraceful standards that have applied in the care of our most vulnerable citizens?

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