Frank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source

I thank the Senator for raising this important matter today. I am taking this matter on behalf of the Minister, Deputy Stephen Donnelly.

The House will be fully aware of the historical abuse allegations which have been raised about a foster care home in the south east and in particular as they relate to a young woman known as Grace. It is absolutely incumbent on the State to ensure the safety and protection of all vulnerable people in its care. We owe it to Grace and all vulnerable people in the State to ensure that cases of this nature do not happen again. It is important to note that Grace is now in receipt of both residential and multidisciplinary supports based on assessed needs. This support is provided via a section 39 provider organisation but with the support of HSE services in CHO 5.

The Senator has raised the issue of what is being done to address the systemic failures identified in this case. I want to acknowledge a number of structures and governance mechanisms that the HSE now has in place to ensure safeguarding of vulnerable people in receipt of disability support services. Nationally, the HSE has implemented a number of measures to protect vulnerable people including a revised national safeguarding policy. At local level, safeguarding teams have been introduced in each CHO to protect and support the welfare of service users. The HSE board has established functions which provide oversight structures through which the executive is held to account in respect of quality and patient safety matters. A subcommittee, the quality and patient safety committee, provides oversight with regard to safeguarding policy.

The national safeguarding office has been established by the HSE. It supports the operation of Safeguarding Ireland and provides support and guidance to the CHO safeguarding teams. The HSE has also revised its national safety incident management policy. The HSE national disability operations team is implementing a national quality improvement plan to support compliance with HIQA regulatory standards through a resourced team led by a national disability specialist.

The HSE has established a post of confidential recipient, an independent postholder who reports directly to the CEO of the HSE. This important role provides a channel for any concerned individual, and indeed service users themselves, to confidentially report concerns of abuse, negligence, mistreatment or poor care practices at any HSE-funded day service, residential care service or home support. This post provides a vital voice for vulnerable older people and people with a disability.

The Dignam report recommended that the HSE and the Garda put in place a memorandum of understanding to support publication of reports by the HSE where there is a live Garda investigation. The HSE and the Garda have developed a draft memorandum of understanding, and I understand it is awaiting final sign-off.

The Garda submitted a file to the Director of Public Prosecutions in 2020 recommending prosecution and last week the DPP directed that no criminal charges will take place. The House will be aware that the Office of the Director of Public Prosecutions is independent in its decision-making process and no other person or body, such as the Department of Health, can be involved in the process of deciding whether to prosecute.