Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank Members for the opportunity to speak in the Seanad today. The House will by now be fully aware of the historical abuse allegations raised in respect of a foster care home in the south east, and, in particular, those relating to a young woman known as Grace.

At the outset, I wish to reiterate an apology given by the Taoiseach. The very least we can do is apologise sincerely and wholeheartedly to Grace and her family for what was done to her.

I commend the whistleblowers and the Members of the Oireachtas, in particular, the members of the Committee of Public Accounts, on their tireless efforts in championing Grace's cause. We owe them all a major debt of gratitude. I cannot emphasise too strongly how concerned I am about the serious allegations addressed in the Conal Devine and Resilience Ireland reports published last week, as well as the need to establish the facts of the matter for once and for all. This is the least that the individuals at the centre of this case and their families deserve.

The Commissions of Investigation Act 2004 was designed to provide an effective mechanism to investigate complex matters of public concern in a way that is comprehensive and transparent while also representing fair procedures and natural justice.

I am pleased to bring to the Houses the draft order and statement of reasons for establishing the commission in accordance with the legislation. The draft order enables the Minister of Health to set up the terms of reference for the commission. The terms of reference were drafted in the context of the recommendations in chapter 4 of the report by Conor Dignam, senior counsel. The terms of reference were approved by the Cabinet on Tuesday and a revised version of the terms of reference was approved yesterday evening.

I have said all along - I wish to repeat it now to eliminate any doubt in the House - that it is and always was my intention that there would be a second phase to the commission to investigate the care and decision-making in respect of all others who stayed in the foster home. No one was to be excluded but the initial focus of the commission was always going to be on Grace, given the length of time she spent in the foster home. That was always my position.

I make no apologies for my determination to get answers for Grace without delay and then get answers for the other 46 people as quickly as possible after that. Having said that, I have listened to the concerns raised and the points of view argued passionately in recent days by Members of the Oireachtas and have taken these on board. I appreciate that Deputies and Senators considered that the terms of reference originally drafted were not explicit enough with regard to my intentions and I have revised them to make my intentions even more specific. I have also revised the draft order to reflect this. I will now go through the details of the draft order that was laid before the House yesterday evening.

The draft order contains a number of preliminary recitals. The recitals provide details of the statutory powers under which the commission of investigation is being established by the Government. The recitals confirm the date of the Government decision as being 8 March 2017. They acknowledge that the Government order may be signed by the Taoiseach when a draft of the proposed order and a statement of the reasons for establishing the commission have been laid before the Houses of the Oireachtas and a resolution approving the draft has been passed by each House.

Articles 1 to 3, inclusive, provide for the Short Title, define the relevant enabling legislation, establish the commission and task it with investigating and reporting on matters that the Government considers to be of significant public concern. This is the threshold for establishing a statutory commission of investigation.

Article 3 will be of particular interest to Members. The revised draft laid before the House makes it clear that the remit of the commission has the following elements: the role of public authorities, including foster carers, in the care and protection of Grace; the role of public authorities, including foster carers, in the care and protection of other persons who, between 1989 and 2015, were in foster care or otherwise placed with a foster family; and the treatment by the HSE of the protected disclosures made in respect of Grace, as well as the HSE's treatment of those who made the protected disclosures.

Article 4 designates the Minister for Health as the Minister responsible for overseeing administrative matters relating to the establishment of the commission. The Minister for Health will also receive the reports and discharge related functions under the Act. In addition, the order authorises the Minister for Health to appoint members to the commission. The commission will be asked to adopt and implement an appropriate working methodology or framework to ensure the report is delivered within the required timeframe.

One of the advantages of a commission of investigation is that it is authorised to take oral testimony. To my mind, this is one of the most powerful tools the commission has in its arsenal. While the testimony of those entrusted with the care of Grace is vital, the testimony of Grace and the other vulnerable people at the centre of this matter must be heard too.

Grace has been described as non-verbal. This does not mean she cannot communicate in any way or cannot have her voice heard. Grace's voice can and must be heard. Establishing an effective dialogue with people who may not communicate by traditional methods requires skill and patience. By this, I mean that Grace will need to be patient with our shortcomings in understanding how she communicates. Our better understanding of disability as a social issue means that listening to Grace's voice must be our challenge rather than hers.

The terms of reference of the commission are focused on a combination of seven distinct headings under which it will be asked to consider Grace's case. The first is to clarify the context, in particular, the statutory, non-statutory, administrative and governance context that applied in respect of the care and protection of children and vulnerable adults who were in the care of the State. The second relates to the monitoring and review of the care provided by the foster family to Grace. The third relates to the care and decision-making in respect of Grace from 1989 until before her 18th birthday in 1996. The fourth relates to the decisions made in respect of Grace on reaching adulthood in 1996. The fifth relates to representations by the male foster carer and another party in 1996. The sixth relates to the care and decision-making process in respect of Grace from her 18th birthday in 1996 up to 17 July 2009. The final heading relates to other matters, including whether there was any deliberate suppression or attempted suppression of information in respect of Grace's case.Concerns were expressed this morning at a meeting of the Committee of Public Accounts regarding the HSE's earlier appearances before that committee when matters relevant to this case were discussed. I want to reassure this House that the terms of reference take those concerns into account. Part IX (b) of the terms of reference directs the commission to establish the facts regarding any deliberate suppression or attempted suppression of information during the period 1996 to 2016, with particular reference to the period from July 2009 up to March 2016. This is intended to encompass the HSE's various attendances at the Committee of Public Accounts and to address any concerns which members of that committee may have in this regard. Members should note that in the original terms of reference, which were published by the Department of Health on Tuesday, this provision was actually included. It was always my intention that this issue would be addressed in the first phase of the commission's work.

I will now clarify a number of issues that have been raised in recent days. Part X of the terms of reference sets out the requirements for the second phase of the commission's work. Having regard to the facts established through the investigations I have just outlined, the commission is asked to specify the scope of further investigations which it will undertake in the public interest. The commission will have regard, as I said, to the facts established. It will also have regard to the recommendations contained in Mr. Conor Dignam's report, which relate to the care and decision-making in respect of others, the actions of the HSE to investigate and protect others, as well as its response to protected disclosures and its treatment of whistleblowers, as set out in pages 306 to 308 of the Dignam report.

As I said earlier, it was always my intention that these investigations would be a fundamental element of the commission's work. Having listened to the views of my colleagues on the matter, I was more than happy to make this even clearer in the revised terms of reference. I put the position to my Government colleagues last evening and I am pleased to report that they had no hesitation in agreeing to the revisions. The revised terms provide a fair and equitable balance between establishing the facts relating to Grace as quickly and effectively as possible, while also providing for the investigations into the care of the other individuals involved and into the treatment of protected disclosures and the courageous individuals who made them. Again, I commend the whistleblowers whom I have met on a number of occasions.

The terms of reference require the commission to provide an interim report to me within six months of commencing its work on phase one and a final report on it within a year. Likewise, I have stipulated that the commission will provide interim and final reports six and 12 months, respectively, after the commencement of phase two of its work. Given the period of time to be investigated and the depth and breadth of the issues to be considered, this timescale will be challenging but achievable. On the basis that the commission will complete the matters set out in parts I to X of the terms of reference and will report within a year, the Government has noted that costs, with the exclusion of any third party legal costs which may be approved, are estimated to be in the region of €5 million. This includes the funding necessary to meet the set-up and operational needs of the commission and additional funds to meet the demands attaching to administrative oversight of the commission within the Department of Health. The staffing complement of the commission will reflect the scope of the terms of reference and the challenging timeframe. The commission will also have the scope and funds, under section 8 of the Commissions of Investigation Act, to appoint persons with relevant professional expertise and skills to assist in its investigations.

I believe that this commission will enable us to get to the truth of Grace’s care during her years in the foster home and, more importantly, will enable the facts to be established to the satisfaction of Grace and those who care for her. The Government is confident that the terms of reference, which it has approved, will enable this task to be accomplished within an achievable timeframe. I commend this motion to the House.