James Lawless (Kildare North, Fianna Fail) | Oireachtas source

I thank the Acting Chairperson. I am advised that it is a complex and sensitive matter involving an ongoing trust in care process. The HSE's trust in care policy is about upholding the dignity and welfare of patients, clients and service users, and the procedure for managing allegations of abuse against staff members. In referring to the provision of a HSE trust in care report to the family, any trust in care investigative process involves the rights of all the individuals involved and those rights must be fully protected to ensure there is a robust process and outcome in the interests of all parties. It suggests that seeking to access a potentially sensitive report may breach the requirements of fair procedure and the rights of parties involved with such a process.

The Senator asked my opinion as a barrister. I am giving my opinion as a Minister of State today but I will make a general comment that sometimes the process may take longer because due process must be followed and there are certain procedures that must be adhered to. There are certain fundamental rights for all involved in any procedural inquiry. This is necessary to get to the right outcome at the end. Sometimes it can be frustrating for all involved and I have seen it in other cases. I am not commenting on this particular case, but sometimes the process may appear to be convoluted and elongated but there are usually good reasons for this to protect the integrity of the ultimate outcome. It is, therefore, generally done for good reason.

The HSE has sought and been provided with assurances by the service provider in this case regarding the safety of all service users in the relevant location and adherence by the service provider to the safeguarding of vulnerable persons at risk of abuse national policies and procedures 2014. The HSE will continue to seek updates from the service provider on the prompt conclusion of that unit investigation in line with fair procedures and natural justice, while ensuring that allegations are fully investigated and funded services are provided in a manner that is safe and to the necessary standards.

The outcome of that process will be determined by the investigation in line with the trust in care policy. The HSE also notes that the service provider has confirmed support for the service user and family and the relevant staff members have also been offered additional supports. It should be noted that the Department of Children, Equality, Disability, Integration and Youth is actively engaging with the Department of Health, which is the lead on policy proposals for adult safeguarding from a disability perspective in that sector. It is expected that the Department of Health's sectoral policy framework will come before the Government in due course. It will be informed by, and the Senator may be interested in this point, as am I, the recent Law Reform Commission's report a Regulatory Framework for Adult Safeguarding. This will inform the new policy going forward and I think it is worth a look. I will certainly be having a look at it after the debate. This is where the matter stands at the moment.