David Cullinane (Waterford, Sinn Fein)
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114. To ask the Minister for Health when she will introduce comprehensive adult safeguarding legislation; and if she will make a statement on the matter. [24429/25]

David Cullinane (Waterford, Sinn Fein)
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This question is on the need to introduce and implement adult safeguarding legislation. I have been raising this issue for a long number of years. I know there is a commitment in the programme for Government to review policy in this area, but we need a strong legislative framework. I want to see an independent safeguarding authority in place, a legal right of entry for social care teams and mandatory reporting. I will outline why I want to see all of those things in my supplementary question, but I am interested to hear the Minister's response on whether she is able to give a timetable or a commitment for when we might see legislation in this area.

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I thank the Deputy for his ongoing work on this.

Safeguarding adults who may be at risk of abuse is a very important objective for me, my Department and all health and social care services. A framework of standards, policies and procedures for safeguarding adults in the health and social care sector is already in place. This includes a national safeguarding office in the HSE, specialist safeguarding and protection teams in each health region, designated safeguarding officers within services and specific regulatory requirements for residential care services which are inspected by HIQA and the Mental Health Commission. Further measures are now being developed to strengthen that framework.

My Department is at an advanced stage of finalising a national policy on adult safeguarding for the sector, in liaison with the Department of Children, Disability and Equality. This will be the first national policy in this area and is a significant development. Considerable work has already been undertaken to inform this policy, including an international evidence review, stakeholder engagement and a public consultation last year, which received more than 250 responses. I hope to bring this policy to the Government in the coming months.

Second, the Government has included a health (adult safeguarding) Bill in its current legislation programme. This will facilitate underpinning legislation for this sectoral policy. Drafting of this legislation will commence once the policy is finalised. There is a pressing need for robust safeguarding frameworks. That was thrown into sharp focus for all of us again with the recent publication of the Farrelly commission’s report on the Grace case. I am mindful too of other safeguarding failures that we must work hard to ensure never happen again, including the recent Brandon and Emily cases. I assure the Deputy that this is a priority for me. I expect to see progress within my Department and on a cross-departmental basis this year. I expect to be able to update the Deputy in that way.

David Cullinane (Waterford, Sinn Fein)
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We are reflecting on the Grace case. We had very lengthy debates in this House over a number of days last week, as the Minister knows. Grace was an adult for 12 years of her time in that home. As we know, she suffered very serious neglect and abuse in that home for a long number of years. As the Minister mentioned, it is not just about the Grace case; we also had the Brandon and Emily cases. We have had far too many cases and reports which have made the same recommendations that we need a much stronger and more robust legal framework with regard to the protection of adults in disability centres, nursing homes and care homes. In fact, whenever the Government gets around to its statutory home care scheme - I do not know when that will ever see the light of day - social care teams will say that there will be a need for safeguarding legislation in that area as well. Policy is all well and fine. I am not in any way dismissing the importance of what is being done by the Minister. Legal frameworks, legal rights of entry and mandatory reporting are very important because in their absence, we have more failures and issues, and we then have tea and sympathy afterwards and reports where we say are sorry and we will look into it and apologise. It is our job to get the legislation right and to ensure we have the most robust legal protections for adults in all care settings. All I am asking for is legislation that will enable that to happen.

Conor McGuinness (Waterford, Sinn Fein)
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Hear, hear.

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I agree with the Deputy. I also want to reflect the work of the Law Reform Commission report in this regard. I hear what the Deputy is saying with regard to policy. Of course, the policy analysis is to bring us to the legislative path, because that has to be agreed across the different Departments with regard to that. It is also important to note, though I know the Deputy is already aware, that while legislation is important, it is everybody's business to do this correctly in the meantime. It is everybody's responsibility.

Driving a proactive and open culture of safeguarding is also a key focus of the policy, though I accept what the Deputy has said with regard to legislation. It is important to consider and acknowledge the role of the newly appointed chief social worker in the HSE. It is a newly created position and a person was appointed last year. It is a significant appointment. Similar to the chief nursing officer, these are important cultural signs about the importance of those roles and the functions they carry out. However, I agree with the Deputy in respect of legislation.

David Cullinane (Waterford, Sinn Fein)
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I agree that the Law Reform Commission report was very important and allows for the foundations for legislation to be put in place as quickly as possible. I raised this with the incoming chair of the health committee, Deputy Rice, as an issue on which the committee should focus. I am sure we would be prepared to work with the Minister in having the Law Reform Commission appear before the committee and talk through its proposals. Ultimately, however, I am sure that if it were before the committee, it would say it has made recommendations. I know the Farrelly commission report made recommendations on safeguarding, an independent authority and right of access - all of the same issues that would have to be in any legislation.

9 o’clock

Everyone is saying the same thing but there is still no commitment to legislation. If the Minister were to commit to that in principle - I am not saying it needs to be done this week, next week or next month - I am sure the Oireachtas Joint Committee on Health would be more than happy to work with her to progress it as soon as possible. I am genuinely only interested in getting this legislation through to make sure people are properly protected and safeguarded.

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I agree and accept that. The health (adult safeguarding) Bill is in the current legislative programme, but the policy must be considerably settled and developed on a cross-departmental basis. This is as much a question for the committees on disability and children as for the Joint Committee on Health-----

David Cullinane (Waterford, Sinn Fein)
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I agree

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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-----because the roles of the Departments are equally important in how we take this forward and they must be clearly working together on it. This would be an important piece of work for the committee and I look forward to working with it on it.