Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State and I also welcome the opportunity to debate the amended terms of reference of this important commission of investigation. Others, particularly Senator Kelleher, have eloquently outlined the appalling and horrifying litany of abuse and neglect suffered by Grace over 20 years in the foster home that is the subject of the investigation. I am glad that the order with the revised terms of reference is before us. It is vital that the terms of reference address not only what happened to Grace over that period and how all this was allowed to happen to her but also the circumstances of the other 47 children placed in the foster home. Part 10 of the terms of reference specifies that for the avoidance of the doubt, the scoping inquiry includes a recommendation in Conor Dignam's report concerning care and decision-making in respect of others. I am also glad a reference to whistleblowers is specifically included in the terms of reference, particularly in the context of how the HSE treated the whistleblowers. All of us should commend those who eventually put a stop to the litany of abuse and neglect.

Others have spoken eloquently of the context for the mistreatment and abuse of Grace and the way in which this was permitted to continue. Clearly, specific instances need to be investigated thoroughly through the commission of investigation mechanism.We know that and we know a good bit more detail about this after a long delay through the publication of reports from Resilience Ireland and the earlier report of Conal Devine. What we do not yet know is the detail concerning the other children placed in the home. What we need to know is more detail about the treatment of the whistleblowers. Paragraph nine speaks about the alleged danger of deliberate destruction of files or alleged threats by the HSE to the funding of the agency whose staff made protected disclosures. Clearly, this is not just about the appalling abuse and ill treatment of a child, which, as Senator Kelleher noted, went on into adulthood. It is also about the treatment of those who sought to expose wrongdoing and the cover up to try to hide ongoing wrongdoing, abuse, ill treatment and, of course, criminal activities. Let us not forget that.

Deputy Howlin spoke very eloquently in the Dáil about the need for parallel criminal investigations. This is not ancient history. In Grace's case, we are talking about events that occurred up to 2009 but, apparently, in respect of others who were residing in respite in the home, there may have been incidents going up to 2015 so, clearly, this is very much a contemporary law that applies. Deputy Howlin has spoken of contemporary criminal offences that need to be investigated. These are offences around reckless endangered in the Non-Fatal Offences against the Person Act 1997 and offences relating to permitting the neglect of children under the Children Act 2001 so there are other issues beyond issues relating to the commission of investigation. Other agencies should also be involved, notably, An Garda Síochána.

Finally, there is a broader context here - not just about the treatment of whistleblowers and the appalling abuse of children and young adults with disabilities but also the way our society deals with issues and has mistreated women and children in particular over so many decades. Many of us have spoken today and earlier this week about the horrific findings in the mother and baby home in Tuam. I have already said that I believe this is the tip of the iceberg in terms of what went on. I am delighted that the Minister for Children and Youth Affairs has indicated a willingness to expand the scope of the inquiry to cover not just a sample of county homes and mother and baby homes but the full list. However, we have already had the scandal around the treatment of women in Magdalen institutions and before that, the scandal around the treatment of so many children in industrial schools. We know from some research about the treatment of adults and children in psychiatric institutions, which is another vast and as yet not fully disclosed litany and sad and sorry history so there is a huge amount of silent suffering. There has been a culture of concealment that has been allowed to go on for far too long - a dark history, as the Minister for Children and Youth Affairs has said, but a not entirely unknown history. Through debates like this and commissions of investigation, we are gradually coming to terms with and uncovering abuses, ill treatment, suffering and repression. The positive thing we take from this appalling story of Grace and her ill treatment is that at last, we are beginning to expose this. Of course, we must now do all we can to ensure that it never happens again to children or vulnerable adults in our care.