Pat Buckley (Cork East, Sinn Fein) | Oireachtas source

I thank the Minister of State for her appearance tonight at this ungodly hour. We are back again talking about the Owenacurra centre. I am delighted this Topical Issue was selected. I have been driven to frustration over the past two years between parliamentary questions and committee meetings. I wrote to the European Ombudsman in October 2022. I wrote that I was contacting her office because I had tried as many avenues as possible, without success, to receive answers about the care of the elderly in our communities. These avenues included the Committee of Public Accounts, the then Committee on Public Petitions, the Sub-Committee on Mental Health, and the Joint Committee on Health. The office of the European Ombudsman replied to me in November 2022 to tell me that the matter did not fall under its writ, because it is a matter for the HSE. A number of weeks ago, the European Ombudsman appeared before the then Committee on Public Petitions and I took the opportunity to raise the issue. I explained that I was not talking about the HSE but about the human rights infringements. I asked the European Ombudsman if she would revisit it. The European Ombudsman, Ms Emily O'Reilly, replied to me on 19 June, to tell me again that it unfortunately does not fall under the remit. She wrote that protecting the rights of persons with disabilities is a priority and that she endeavours to use her mandate as widely as possible to that end but notwithstanding that, as European Ombudsman she must operate within the limits of her mandate.

I am raising this because I have gone down every avenue and have been sent from the Ombudsman to HIQA, from HIQA to the Mental Health Commission and from the Mental Health Commission to the HSE. I have raised numerous Topical Issues and have had numerous interactions back and forth. I remember how the representatives from HSE appeared before the Committee on Public Petitions to discuss the closure of Owenacurra. During that meeting, I raised concerns from families of residents there. I mentioned the word "coercion" and the HSE would not accept it. I mentioned the word "misleading" and the HSE would not accept it. This was about respecting the wishes of the residents who were there. According to minutes of a special meeting of the HSE safety and quality committee on 8 February 2023, the committee raised concerns regarding placement at St. Stephen's Hospital in Glanmire and St. Catherine's Ward at St. Finbarr's Hospital. The minutes noted that these centres have received lower inspection compliance ratings from the Mental Health Commission than the Owenacurra centre. The minutes also noted that "concerns were expressed that these environments are congregated settings that are campus-based, isolated, away from the community in contravention of the Convention on the Rights of Persons with Disabilities, Government policy, and HSE policy." It was stated that at the time, Government policy and HSE policy was to move away from congregated settings. This information is in the public domain. The minutes also noted "some members of the Committee expressed dissatisfaction with the need to transfer the residents away from the Midleton area contrary to their expressed wishes".

The HSE has acknowledged it in the last meeting yet I am black and blue from the past two years bringing this up in various committees and parliamentary questions. At the most recent meeting of the HSE, it has now clarified that the members of its safety and quality committee have said what I have been saying all along. Who do I get answers from because I have gone everywhere? I have gone to the European Court of Justice on this and have been waiting for a response for six months. This is how bad it is. If the Minister of State can be of any assistance in getting justice for these people, I would appreciate it.

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