Maria Corrigan (Fianna Fail)

I welcome the opportunity to speak on this important issue. I also welcome the Minister of State. I am conscious that many colleagues have contributed and I will do my best not to repeat them. It is a pertinent subject to discuss.

In recent years, awareness of child protection has increased, but there is no corresponding awareness of the protection of vulnerable adults. Even where there is an awareness of and debate on the matter, we tend to speak in terms of adults with mental health issues or disabilities, particularly intellectual disabilities. It comes as a shock to many people that the protection of the elderly needs to be addressed. When the subject was raised in recent months, I found people were taken aback by the occurrence of elder abuse.

I will revert to this point later, but I want to take the opportunity to congratulate the HSE on its campaign to highlight the issue of elder abuse. The campaign commenced at the end of 2008, but its inclusion and the inclusion of a leaflet in the Sunday newspapers in February were helpful, as much chat was generated. It provided practical and sensible information pertaining to elder abuse and gave real information about the forms it could take in easily understandable language. Most importantly, it provided a telephone number with which people could make contact if they had concerns regarding older people within their communities of whom they knew or of whom they had become aware and who were the victims of elder abuse. This was a highly welcome initiative on the part of the HSE.

Other Members have mentioned that this does not take away from the fact that many older people will continue to play an important and worthwhile role in communities. They contribute, are highly active, provide invaluable supports to the community, often on a voluntary basis, and can themselves be carers. However, a number of older people can be adversely affected by the onset of various age-related disorders that can increase their vulnerability and decrease their capacity to protect themselves. These are the individuals of whom Members are cognisant in particular this afternoon.

I will not repeat the definition of such abuse because other Members have spoken about it extensively. However, I wish to comment on the alarming statistics that have emerged, which indicate that abuse appears to be much more prevalent in a person's own home than anywhere else. I welcome the introduction of standards for nursing homes, which obviously are extremely important in ensuring an appropriate standard of care. However, their introduction also has put in place an important layer of protection for older people. Older people who are resident in nursing homes have the augmented safety of having other people around. They seldom find themselves in the company of the same person all the time and if there are concerns or incidences of abuse, there is a higher likelihood of them being picked up on.

Some of the emerging statistics appear to suggest that those who live in their own homes are somewhat more vulnerable. This may be because they have less outside contact but also may be because of a lack of awareness as to what constitutes abuse. That is something about which it is particularly important to create awareness and provide information. Because of the vulnerability of people in their own homes, it is important to highlight the signs and symptoms of elder abuse among HSE staff in general, as well as those who may have reason to have contact with individuals who are living in their own houses, such as GPs, local priests, neighbours and family members. This was one reason the HSE's recent campaign was particularly important.

I commend the role of public health nurses in the community. In my constituency of Dublin South, I pay tribute to the brave members of the public who bring forward their concerns about elderly neighbours and to those working in GP practices or pharmacies who have reason to come into contact with vulnerable adults and who, on becoming aware of a concern or the possibility of abuse, find the courage to come forward and to pass it on. Public health nurses are an invaluable support in this regard. In my experience, whenever a concern is raised about an older person in my community, I have been able to make contact with the local health centre. Moreover, if a public nurse does not already have knowledge of the person concerned, he or she often will make a point of calling in to say hello and to check out the person. This again provides vulnerable older people with opportunities to make disclosures or to mention that something untoward is taking place. I commend public health nurses in this regard, as well as in respect of the support they provide thereafter. My personal experience has been extremely positive in this regard.

I wish to raise a number of issues that differ slightly from those which already have been mentioned in the House. If we are to tackle elder abuse, a number of legislative issues remain outstanding that must be addressed as a matter of urgency. They do not apply simply to elder abuse but pertain to the protection of all vulnerable adults. One such issue pertains to capacity and I welcome that new capacity legislation is due to come before the House. I also welcome that the indications are that a functional approach to capacity will be taken. Such an approach to capacity for older people is particularly important because it gives them the opportunity to maintain as much of their independence regarding decision-making as they can, while enabling it to alter in tandem with alterations in their circumstances. I welcome that a blanket approach to capacity will not be taken.

While the issue of capacity remains outstanding for older people in particular, it increases their vulnerability, especially in respect of financial measures. However, it also increases their vulnerability when it comes to following up on incidences of abuse. This also is evident with regard to other vulnerable adults. Greater difficulty is experienced when trying to take action through the courts subsequently, if that is deemed necessary. Greater difficulty is experienced in so doing because there is much ambiguity and blurring as to what can be accepted as evidence from a person over whose capacity a question mark exists. This is an issue both in respect of elder abuse and other vulnerable adults, such as those with disabilities. I welcome the forthcoming legislation and in addition to the comments made by other Members, the Minister of State might take away from this debate the importance for the aforementioned capacity legislation to come before the House because it will have implications.

I welcome the report that has been produced and the work that has taken place on foot of it. Awareness of this area will continue to increase. Some of the steps that have been taking following the report's production are proactive and I wish the Minister of State well.