Seanad debates
Wednesday, 18 June 2025
Report of the Farrelly Commission: Statements
2:00 am
Patricia Stephenson (Social Democrats)
I will share time if the other Senator makes it in time.
I thank the Minister. Grace was failed over and over again by the State. The people who were supposed to protect Grace failed her. The whistleblowers who came forward time and again were also failed. While we hope that Grace is now living a better life, the failure of the State has not ended with her experience in foster care. The failure of the State continued with the publication of the Farrelly commission's final report, a document that has completely failed to answer any questions and has compounded the harm to Grace and her family.
How was this commission, which cost over €13 million and took eight years, concluded with no evidence that Grace was abused despite the prior inquiries, testimony and personal knowledge of those closest to her? Critically, the commission did not include the testimony of Grace's legal team, who have long been key voices in seeking justice on her behalf. The decision not to admit those responsible for advocating and being Grace's voice is a complete failure. I want to support the remarks of Senator Byrne on the need to ascertain the facts. That is why I believe that the inclusion of Grace's legal team in the commission's findings would have been critical.
Again, the report is lengthy. I have spoken about this in the Chamber on previous occasions. I recognise the comments of the Minister on having sought an executive summary. The length of the report makes it inaccessible to many of the people seeking clarity. I do not think that is best practice, in particular when we are talking about vulnerable communities.
My colleague, Deputy Quaide, correctly called the report a betrayal of the truth. The Social Democrats ask that the commission chair and the Minister, Deputy Foley, be brought before the Committee on Disability Matters. I understand the committee's independence, but the decision to exclude testimony from Grace's team is appalling and undermines public trust in State lead safeguarding. Questions need to be answered about what happens now and into the future, and how Grace's voice and the voice of her legal team be incorporated into further considerations.
What is the purpose of a commission of investigation if the voices of survivors and their advocates are missing? What does it say about the State when the mechanisms for justice failed to meet the needs of those they were meant to support? Even the Taoiseach has questioned the effectiveness of the public inquiries. Where is the accountability in this case?
If we are to honour Grace and the other survivors of abuse, many of whom, as Senator Clonan pointed out, are not getting the justice they deserve, and if we are to prevent such systemic failures in the future, we must confront the glaring legislative gap which is the fact that Ireland still has no comprehensive adult safeguarding legislation, despite the many calls from civil society groups like Inclusion Ireland, Sage Advocacy and Care Champions.The challenge is that safeguarding falls across multiple Departments: the Department of Health, the Department of Children, Disability and Equality; the Department of Justice, Home Affairs and Migration; and the Department of Social Protection. As we do not have cohesive legislation, no Department has explicit, direct oversight or responsibility.
The Law Reform Commission rightly recommended the establishment of an independent safeguarding authority supported by statutory powers, standards and interagency responsibilities. It is time for this Chamber to support the urgent drafting and passage of adult safeguarding legislation, as recommended by the legal profession and by front-line advocates and survivors. Without such a framework, we will continue to rely on fragmented, discretionary responses and we will continue to fail people like Grace.
I welcome Senator Clonan's contribution. He seems ready to go with the safeguarding legislation. I will be ready to stand beside and support him on that.
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