Seanad debates
Thursday, 3 February 2022
Nithe i dtosach suíonna - Commencement Matters
Mental Health Services
10:30 am
Frances Black (Independent)
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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.
Frank Feighan (Sligo-Leitrim, Fine Gael)
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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.
Frances Black (Independent)
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I thank the Minister of State. While I welcome the implementation of a number of measures to protect vulnerable people, including the revised national safeguarding policy, what happened to Grace, and what was allowed to happen to Grace and other young people who suffered abuse in the same foster home, is shameful. The fact that the DPP did not follow the recommendations of the Garda is scandalous, as is the fact that we do not know why that happened. It is, however, good to hear that Grace is receiving support now. It is also good to hear about the new governance mechanisms within the HSE.
The confidential recipients in the HSE are an important channel for confidential concerns and disclosures, and that is welcome. However, it is clear there is a legislative gap here. There is no primary legislation that specifically holds officials and managers to account for covering up abuse and for failing to act on abuse. There is no doubt that we need clarity on whether legislative reform is planned in that respect.
I thank the Minister of State for coming to the House but I still feel there are questions that need to be answered.
Frank Feighan (Sligo-Leitrim, Fine Gael)
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I thank the Senator, who has raised some interesting, thoughtful and welcome suggestions. I agree with her that every person who uses disability services in this country is entitled to receive care of the highest standard and to live in dignity and safety. It is their right and it is our obligation to ensure their safety and care are paramount.
Like the Senator, I welcome the actions taken by the HSE to date to strengthen the governance of safeguarding of vulnerable people in the care of the State, as I set out in my opening statement. As I stated earlier, the Office of the Director of Public Prosecutions is independent in its decision-making process. No other person or body, such as the Government, can be involved in the process of deciding whether to prosecute. There has been no engagement between the DPP and the Minister's office or the Department regarding the DPP's decision.
We all recognise that phase 1 of the commission of investigation has taken longer than anticipated. The large number of interviewees, agencies and correspondence to be considered by the commission is recognised. Phase 2 will commence following consideration of the phase 1 final report and the commission's written statement on the scope of its further investigations. The Minister for Health, Deputy Stephen Donnelly, and the Minister of State with responsibility for disability, Deputy Rabbitte, continue to keep the work of the commission under review.
I again thank the Senator raising this important issue for discussion today.