Frances Black (Independent) | Oireachtas source

I thank the Minister of State, Deputy Feighan, for joining us in the Chamber. Earlier this week, the Director of Public Prosecutions, DPP, advised that it had decided not to press charges against officials or agencies who were responsible for the care of the intellectually disabled young woman at the heart of the Grace case. I am absolutely appalled and confused by this decision. It is my hope that the Minister of State might be able to provide some much-needed clarification.

What was allowed to happen to Grace, as well as to the other young people who suffered abuse in the same foster home, is truly shameful. The fact that the systems which perpetuated and subsequently covered up the abuse have not been held to account to date is completely indefensible. When the file was brought to the DPP in 2020, An Garda Síochána recommended that criminal charges be brought against those who were responsible. However, the DPP did not follow the recommendations of An Garda Síochána and we do not know why. To my mind, this does not serve the victims of the abuse, nor does it serve the wider public interest. I ask the Minister of State today whether his Department will consider making public the DPP’s decision in respect of the abuse perpetrated in the Grace case. Additionally, it would be helpful to get some clarity as to which legislation the charges were recommended under by An Garda Síochána. Legislation created in 2012 to combat institutional cover-ups seems to have been ignored, because there does not seem to be any evidence of it being enforced.

Can the Minister of State, or his Department, provide information and statistics on the enforcement of the Withholding of Information on Offences Against Children and Vulnerable Persons Act 2012? The national independent review panel, NIRP, was set up in 2017, but it is not presently clear whether other instances exist, potentially those that are just as serious as those in the Brandon or Grace cases that are currently being reviewed by the panel.The national independent review panel, NIRP, was set up in 2017 but it is not presently clear whether other incidents exist that are potentially just as serious as those in the Brandon or Grace cases currently being reviewed by the panel. It is not possible to access information about the incidents under review, even through freedom of information. Will incidents reviewed by the NIRP ever see the light of day or do we have to wait until another whistle-blower raises alarm bells? What processes are in place to actually allow public scrutiny of how those incidents are handled by the panel? If we consider the incidents within the remit of the Farrelly commission and those investigated by the NIRP in preparing the Brandon report, we can see a pattern being established of tragic incidents occurring under the watch of the State with little accountability. It is clear that front-line staff are reporting incidents of abuse but appropriate action does not always follow. Clearly the issue instead lies with senior staff management and officials who failed to act on reports of abuse and in some cases even work to cover up the abuse which is being reported. It is essential that future legislation creates accountability for these managers and officials, potentially even through criminal sanctions. Is legislative reform planned in this respect?

I am conscious of time but I think we also need to consider what legislation is required to prevent both the abuse of individuals in State care and the abuse of power within State institutions that have been exposed in the likes of the Grace case and the Brandon report. Will the Minister of State provide clarity on how he will seek reform on this issue and how he will create accountability?

I know the Minister of State cares deeply about this issue. I know he and the Department officials are working hard to ensure that individuals who suffered abuse while in the care of the State receive the support they require and that future abuse under the purview of State agencies or bodies is prevented. My concern, however, is that we do not hold the systems themselves to account. Then it is only a matter of time before the next failure, the next incident and the next tragedy. I look forward to the Minister of State's response.