Michael Harty (Clare, Independent) | Oireachtas source

This Bill introduced by Deputy Mattie McGrath is very timely and should be considered more seriously. It can be amended on Committee Stage so the Minister of State might give it more attention. We need to keep focusing on elder abuse as our population grows older. The Vulnerable Persons Bill 2015 is designed to protect the financial autonomy of vulnerable persons, specifically elderly people who may not have the mental or physical capacity to guard against financial abuse. Elder financial abuse is understood by the National Centre for the Protection of Older People as the unauthorised and improper use of funds, property or any resources of an older person. This may include theft, coercion, fraud, misuse of power of attorney and not contributing to household costs where this was previously agreed. It is generally agreed that financial and-or material abuse is under-reported and is often difficult to recognise or detect.

The Joint Committee on Health considered this issue last year and produced a report on adult safeguarding. We considered a Bill introduced by Senator Kelleher, the Adult Safeguarding Bill 2017. The committee met twice to discuss matters relating to it. Representatives of the National Safeguarding Committee highlighted financial abuse as an ongoing concern and referred to the barriers to investigating such abuse. First, safeguarding teams have no right of access to a home when a high or reasonable suspicion of financial abuse exists and, second, financial institutions often work independently in investigating financial abuse. The National Safeguarding Committee stated it is discussing these issues with various financial institutions but legislation was required to set up guidelines for notification and reporting of financial abuse. The monetary cost of financial abuse of adults is unknown, but given that the Department of Employment Affairs and Social Protection pays €7.2 billion in State pensions every year and €3 billion in occupational pensions, the potential monetary cost is very high.

It is important to note that the term "adult at risk" should be used rather than "vulnerable adult". That could be looked at when considering the Bill. It is not exclusive to any particular group and recognises that any individual may require support or care at some time. As such, safeguarding may directly impact everyone at various stages in their life.

The Joint Committee on Health met several bodies, including the Health Service Executive, Inclusion Ireland, the National Safeguarding Committee, Sage, the Department of Health and the Institute of Public Administration. These discussions included some of the most prominent ongoing issues, particularly the development of processes and structures in the HSE and other health agencies and the need for greater legislative provisions. The committee acknowledged that legislation is urgently required. The HSE reported that it received 8,000 notifications of abuse concerns in 2016. The national study of elder abuse and neglect report from 2010 estimated that 10,000 older people are mistreated or neglected every year, with 6,000 cases of financial abuse. Some reports suggest that, based on international prevalence of abuse, the figure may be 5% for people over the age of 65. In Ireland that is 32,000 people over the age of 65 years who may be experiencing mistreatment and much of that is financial abuse. It is also noted that further public awareness is required.

Ambiguity about adult safeguarding still exists and there is uncertainty as to what constitutes abuse of adults at risk. Adult safeguarding is a complex area and the committee was happy to have had the opportunity to discuss the matter with the groups who attended the committee meetings. The committee's report examined the areas covered in these meetings and made recommendations on adult safeguarding. Thus a "person at risk" is a better description than "vulnerable person" because it is a wider definition. The report made several recommendations with regard to adult safeguarding. These recommendations reflect the key areas which were highlighted in the two committee meetings. The recommendations cover areas such as setting up a national safeguarding authority, the types of abuse, staffing, inter-agency collaboration and advocacy. The committee examined financial abuse of adults at risk, in particular. The committee recommended that notifications of abuse be rapidly investigated and comprehensively reported and that any legislation should define who is considered an adult at risk, what is considered abuse and the various types of abuse. It recommended that measures be taken to improve public awareness in understanding abuse of adults at risk, particularly financial abuse and how to report such abuse; that any legislation should ensure that adults at risk be provided with access to an independent advocate; greater public awareness of the right to an independent advocate on behalf of a vulnerable person; and further consideration of the benefits of mandatory reporting for adult safeguarding.

Adults at risk are susceptible to a number of possible abuses. A Red C survey, commissioned by the National Safeguarding Committee, illustrated various types of abuse that adults had experienced or that were experienced by someone close to them. Some 32% suffered emotional abuse; 20% experienced abuse by a service provider, whether public, private or voluntary; 18% experienced abuse based on ageist attitudes; 16% experienced abuse based on a disability; 16% experienced financial abuse; 16% experienced physical abuse; and 10% experienced sexual abuse. The Red C survey also stated that 84% of adults are unclear as to what constitutes psychological abuse and 81% are unclear on what constitutes financial abuse. The committee believed that it was necessary to eliminate ambiguity in respect of the "definition of types of abuse and what is considered an adult at risk".

The Minister of State should give serious consideration to this Bill. It is not perfect. It is produced by a group which does not have the access to expert advice on drawing up Bills but the issue we are trying to illustrate is so important that the Minister of State or the relevant Minister should reflect on it.

As a GP, I see many adults who are vulnerable to financial abuse. It is very difficult to identify and prove it because the ability to investigate is very limited. It can be very obvious that people are being abused within their own homes, having their pensions taken from them or having their money restricted. It can even come down to limiting the amount of food an elderly person can get.

We need a code of conduct in respect of vulnerable people who have carers coming to their homes. I know there is a code of conduct and Garda vetting for carers who go into the home, which is extremely important. We need to acknowledge that this is a huge issue and I ask the Minister of State to reflect on his summation of the Bill.

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