Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I move:

That Dáil Éireann:

bearing in mind the specific matters considered by Government to be of significant public concern arising from the case of Grace (pseudonym), who resided in a former foster home in the South East which is the subject of abuse allegations, as detailed in the following reports:(a) Report of Conal Devine and Associates – Inquiry into Protected Disclosures, SU1 (2012);

(b) Report of Resilience Ireland Ltd. – Disability Foster Care Report HSE South East (2015); and

(c) Report of Conor Dignam SC – Review of Certain Matters relating to a Disability Service in the South East (2016); noting that the matter raises serious issues about the role of public authorities involved in the care and protection of Grace, and other persons who between 1989 and 2015 were in foster care or otherwise placed in the former foster home;

noting that it is the opinion of the Government that a Commission of Investigation represents the best method of addressing the concerns raised;

further noting that a draft Order which the Government proposes to make under the Commissions of Investigation Act 2004 (No. 23 of 2004) has been laid before Dáil Éireann on 8th March, 2017, in respect of the matters referred to, together with a statement of reasons for establishing a Commission under that Act;

approves the draft Commission of Investigation (Certain matters relative to a disability service in the South East and related matters) Order 2017, and the statement of reasons for establishing a Commission of Investigation.

I thank all Deputies for their contributions to the debate on this motion during the past three days. I acknowledge their constructive input into assisting the Government's consideration of these highly sensitive issues. This debate has demonstrated the complexity of the issues which we are asking the commission of investigation to examine.

Despite our many differences in this Chamber, I am absolutely certain of one thing, and that is we all have one thing in common, which is the protection of Grace and all vulnerable people as citizens of this State. I appreciate the passion and feeling about Grace and others who have suffered so much in the care of the State when they most needed protection. I share it. We are all on the same side. We all share the same unity of purpose in protecting the vulnerable.

As I said in the House yesterday and reiterate now to eliminate any doubt, it is my intention, and it was always my intention, that there would be a second phase to this commission to investigate the care and decision-making in respect of all others who stayed in the foster home. Nobody was to be excluded but the initial focus of the commission was always going to be on Grace, given the length of time she spent in the foster home. I make no apologies for that. It has been said that a nation's greatness is measured by how it treats its weakest members.

I advise the Members of the House that it is our moral obligation to ensure safeguards are always in place to protect Grace and those like her who cannot speak for themselves, and when those safeguards fail, to find out why and to make sure it never happens again. As Members of the House will be aware, the Resilience Ireland report which undertook a full tracing and look-back exercise on behalf of the HSE examined 46 other service users who were placed with and who were identified as having stayed with the foster family who are at the centre of this case, primarily in the period 1983 to 1995. The revised terms of reference of the commission of investigation will now ensure each and every one of those 46 cases will be looked into. It is only right that they have a voice also, and that was always my position.

Members also referred to an individual who was in a private placement with the foster family and who continued to visit the family until 2015. The terms of reference have been clarified to show that this is taken into account in order that the full extent of this person’s contacts with the foster family can be examined.

I am aware that concerns have been expressed this morning at the Committee of Public Accounts specifically about the HSE’s previous appearances before the committee when matters relevant to this were discussed. I assure all members of the committee that the terms of reference as suggested by Conor Dignam take account of these concerns. This is a matter that emerged this morning. Part 9(b) of the terms of reference tasks the commission with establishing the facts regarding any deliberate suppression or attempted suppression of information during the period 1996 to 2016, with particular reference to the period July 2009 to March 2016. This will encompass the HSE’s various attendances at the Committee of Public Accounts and address any concerns which the members of the committee have in this regard. I also emphasise that if Deputies check the terms of reference, which were published by the Department of Health on Tuesday of this week, this provision was always included and was always intended to be addressed in the first phase of the commission’s work. Again, I emphasise the importance of these sections.

It is no good being appalled at the headlines if we do not make significant changes when we see that a system is not working. We are the lawmakers and we can make those changes. It is time to move beyond being shocked and appalled at the uncovering of one scandal after another and realise we have the power to effect change to protect the vulnerable in order that health professions, the public and all citizens can have confidence that vulnerable people in care will be protected appropriately and better. I look forward to that day. I commend this motion to the House.

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