Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank Deputy McDonald for raising this important issue. I think we can all agree that it is a hugely distressing and shocking affair that strikes terror into the heart of anyone living in a nursing home or anyone who has a loved one in a nursing home. These are supposed to be safe places and they almost always are, but in this instance, that clearly was not the case. It is important to say that the man who committed these assaults is now in prison and is serving an 11-year sentence. He is in prison because of the cognitive clarity and emotional strength of "Emily", who testified against him. She has since passed on. The review by the NIRP was carried out to establish if there were warning signs, signals and complaints that were missed, which there were. There were other allegations, which were not followed up by staff, as they should have been in line with existing HSE safeguarding policies. All incidents were subsequently referred to the Garda and all of the families affected have been informed. I can only echo the words of HSE CEO Bernard Gloster in his statement today, in saying that our concern has to be with the family of Emily and the other families affected, who have been engaged with to date. We intended to engage with them further on wider safeguarding issues in this particular care facility.

We can only at this time unreservedly apologise, condemn what happened and do all we can to ensure that safeguarding for all people in alternative care is at the highest level possible. Neither the CEO of the HSE nor I are satisfied that we fully understand all of the issues in this facility or those arising in the wider care context. For that reason, in the coming days, a safeguarding expert from overseas will be appointed to assist us. Today, it is important, as custodians of care services for older people, that we say, unequivocally, that we failed Emily, regardless of how much we were deceived by any one individual employee. We are anxious to ensure that we also respect the wishes of Emily's family for privacy. Given that this was such a serious incident, we are obliged to look closely at the context, the safeguarding practices at the time and whether there are other issues of concern. Two examinations have taken place to date, which can be broadly described as the review by the NIRP, to which Deputy McDonald referred, and a local safeguarding team review, which was also carried out. There was also a safeguarding report to the Garda and, in this instance, both of the reports identified a number of issues of concern.

The draft national policy on adult safeguarding in health and disability sectors will build on existing policies and structures and will apply to all relevant public, voluntary and private settings and agencies in these sectors. It will be subject to public consultation in the coming months, but we should not lose sight of the fact that there were safeguarding policies in place, which were not followed. Subject to Government approval of the new sectoral policy, legislation will be required to underpin the policy, which will be prepared.

Separately, the Law Reform Commission is preparing a report on a regulatory framework for adult safeguarding and this is expected to inform future legislation across all these sectors.

The policies and laws are in place, therefore, and more work is under way to update and improve those policies and to strengthen those laws. I do not, though, think that laws are enough. Many of the things the Deputy mentioned will also have to be done, particularly the training of staff to ensure that where there are symptoms, signs and complaints, they are taken more seriously than they were in this case.

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