Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

In terms of those who stood and watched, what the Senator spoke about used to be called sins of omission. That is part and parcel of the new document on protecting vulnerable adults. There is a reference in that document to omission and being witness to something that is wrong.

In response to Senator Mullins, I believe we have learned something. I have learned something from this entire process. We were a country that denied everything. Once it happened in an institution we denied it. It did not happen, and we continued to deny it until it was undeniable.

I do not intend to do that. It has happened. Hand on heart, I cannot tell Senator Byrne that it is not happening in other centres. I would love to be able to confirm that for parents, siblings and families who are seriously worried about their loved ones. I cannot, however. It would be false and unwise for me to do that. The only comfort I can give is that we will do our very best to ensure what we saw last night is unacceptable. I take Senator Gilroy’s point that not everyone working in this area does what we saw last night. With the level of interest today, a clear and strong signal needs to be sent to those working in the area that the type of behaviour we saw on last night’s programme is not just unacceptable but will not be tolerated.
When Senator Moloney made her contribution, I smiled because I recalled she worked closely with a particular trade union. Recently, a social worker in the Baby P case in the UK won a substantial award in court because due process was not followed in her dismissal arising from the case. We certainly do not want to give anyone involved in this case an excuse. There are three ongoing investigations. As a result of one of these investigations, we will determine what the disciplinary measures will need to be. Whatever the recommendations are, they will be followed. As we speak, the Garda is already examining 190 hours of video material it is received from the programme's makers. We have requested the material ourselves but I am not certain we will get it. Mr. Christy Lynch has personally written to the programme’s producer seeking the material too.
The HSE, Health Service Executive, has set up a special helpline, similar to the one for reporting cases of elder abuse. Working in close proximity with people can make it difficult for nurses and care workers to challenge their colleagues in certain circumstances. However, when they go home, they can pick up the telephone or drop a line to report abuse. Not acting is no longer an excuse and certainly not acceptable.
For 20 years I have been listening to those who deal with people with intellectual disabilities on the need for an independent inspection regime of care homes. We introduced that regime which is now over a year old. HIQA, the Health Information and Quality Authority, would never have picked up this type of behaviour. If we are sensible and have any experience of the world, everyone knows the minute someone highlights such behaviour, be it a family member, care staff or HIQA, the behaviour will change. We do need an additional suite of measures.
People working for too long in the same setting can lead to familiarity. As we know, familiarity sometimes brings contempt. We need to ensure more of a flow in staff.
HIQA made 59 recommendations for Áras Attracta which were all implemented. Up to 400 additional hours of training were put into this centre. I agree with Senator Mulcahy on this business of properly trained staff. We are talking about five qualified nurses and care assistants with qualifications up to FETAC level 5. That is not substandard training. Perhaps people make the wrong choices when it comes to whatever section in which they want to work in the health services. It is still no excuse. If one feels one is in a job that one does not like, especially when dealing with vulnerable people, then there are other areas of the health service that could do with one’s help.
While I cannot say, hand on heart, this behaviour is not happening elsewhere, the clear signal needs to be sent to the wider system that it is not acceptable. I hope people will take account of the new whistleblower legislation. Maybe we have not been forward enough in this regard and need to have a publicity campaign to reassure people that if they come forward with information on such behaviour, even anonymously, then it will be acted upon.
This is such a serious issue that the more we speak about it and the more it gets out to the wider system, the more protection will emerge. I am not certain we will ever be able to say that every single care unit of the 900 in the country is entirely safe, however. All we can do is our very best that it does not happen. What is interesting is that type of behaviour was not going on in the other bungalows in Áras Attracta. I think it was familiarity and the through-flow of staff is important. In mental health, we have been trying to get those working in acute units to work in the community for a time and vice versa. This ensures a free flow and turnover of staff to allow them to understand when someone is admitted and discharged.
I received several calls today from families who entrusted a family member who they love very dearly into what they thought was a good care setting. They informed me they will visit more often now and do so unannounced. A locked door is no excuse. There should be no locked doors. Some units may require a locked door for residents who may wander or harm themselves but these are very few. As for challenging behaviour from the ladies on last night’s programme, I would be challenging myself if I were treated like they were. I did not see any behaviour that could not be dealt with properly. As we speak, there is already a team of three experts in this area dealing with that type of behaviour in Áras Attracta and giving the new staff the necessary type of training for them to properly deal with those with challenging behaviour.
I knew of this for the past two weeks. It is not as if when it was reported that nothing happened. It happened instantly. The Garda was informed and has an investigation under way.

HIQA was informed and the HSE has a service improvement team in place as well. We are working hard on it. As Senator Gilroy rightly said, it is not a time for knee-jerk reactions. I agree with Senator Gilroy completely in that regard. Certainly, we need to do more than we have been doing.