Seanad debates

Wednesday, 5 April 2017

Adult Safeguarding Bill: Second Stage

 

10:30 am

Photo of Maire DevineMaire Devine (Sinn Fein) | Oireachtas source

I welcome the Minister to the House. I welcome visitors and stakeholders, particularly Senator Kelleher's sister. I am sure they all worked with Senator Kelleher for nine months - a gestation period - hoping to get this Bill through, so well done to them. This Bill is about five things - awareness, understanding, procedure, good practice and mandatory reporting. The Bill will bring awareness and urgency regarding all adults in vulnerable situations. Vulnerability is fluid. We can all be vulnerable at different stages of our lives. It is not just for those who may have additional needs, although it will primarily offer them the protection they deserve. It is for the protection of anyone who may find themselves vulnerable to abuse. It is to be welcomed that this House and society are addressing this and putting it on the record that there are vulnerable adults. It could be any one of us and it is an issue that is serious and deserves legislative support.

Recalling my own experiences in nursing in the community here and in Belfast, I have come across a lot of at-risk or neglected individuals. I had a duty of care and I could report abuse because I could go to my own regulatory body to do so. However, I have met ordinary care workers who still ring me to seek advice. They are very concerned, particularly when dealing with an older person or a person with a disability in the home setting. They are terrified and do not know where to go. It is to be hoped this Bill will give them the lead and responsibility they need. It will bring an understanding to those in the community and care sectors, who are currently at a loss, as to how to manage situations involving adults and abuse.

Many people in the community and care sectors are in no man's land if they are suspicious or if there are allegations or actual cases of abuse towards adults. There is no clear understanding about where to turn to, what the worker is responsible for and the most appropriate way to respond. This Bill clears up a lot of this confusion. Given Senator Kelleher's background in community work, for this legislation to come from the ground and the Senator's own experience and go through this House first is great news and is to be welcomed. We as legislators must listen to those who have first-hand experience. Perhaps if those in power had listened sooner, we would have had this legislation earlier and avoided many of the recent controversies in the news. My colleagues continually tried to report abuse in Áras Attracta 15 years ago. They were not listened to and, as Senator Swanick said, it was our other colleagues who were perpetrating this abuse. It took an RTE programme to blow it out of the water, so to speak, and get it into the public domain.

I welcome this Bill which will introduce clear procedures and outline key responsibilities for agencies in dealing with vulnerable adults. Having awareness, understanding and a protocol results in good practice. I commend Senator Kelleher on moving beyond the indignation felt by all of us about the recent stories of Grace, Mary et al and formulating this Bill, which puts key measures in place to ensure these types of atrocities are not seen again. This is why Sinn Féin is happy to co-sign this Bill. We believe it will bring positive change to this Republic.

One element of the Bill is vitally important, namely, the provision set out in section 12 which outlines the need for an independent advocate to assist and support should they be requested. The reality is that independent advocacy would aid many different elements in our society, for example, in respect of the mental health tribunals about which I am conducting research. This morning's meeting of the Oireachtas Joint Committee on Children and Youth Affairs involved a discussion about advocacy for children in need. The rationale for the provision of advocacy is clear. It ensures fairness, dignity and support for the vulnerable person regardless of ability or situation. It is vitally important. We look at the great work of the Irish Advocacy Network.

I note that we have a few small changes to make around definitions in the Bill. It is nothing major. The changes would add to already solid legislation. I am sure people will agree that the stronger we make this Bill with regard to definitions and remit, the better. Sinn Féin hopes Senator Kelleher will welcome the small changes in an enabling capacity on Committee Stage.

In light of all the recent dark controversies regarding adults who were abused and left unprotected, I am at least partially comforted by the idea that cases will never be allowed to happen again. This legislation will play an important role in this regard. Over recent months, based on my experience in the Seanad and committees, I believe we are entering an age of modernisation or enlightenment. So many Bills and motions are going through that seek to protect the vulnerable. We are beginning to recognise the need to mind each other and to care for and embrace those who do not have a strong voice at different stages of their lives. I have no doubt that support will be given throughout this House and I again commend Senator Kelleher.

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