Imelda Goldsboro (Fianna Fail)
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I welcome the Minister of State, Deputy Grealish.

Tom Clonan (Independent)
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I thank the Minister of State for coming in.

I want to raise here again the case of Caitlin Hassan. Caitlin's mum, Louise Hassan, is here in the Visitors Gallery. Caitlin Hassan was sexually assaulted while in the care of Avista healthcare. Since the assault she has had no supports and is currently at home with Louise. Caitlin is deeply traumatised and cannot dress or get out of the bed. She is a young woman who has been completely failed by the State in exactly the same way as in the Grace case.

Imelda Goldsboro (Fianna Fail)
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I ask the Senator to refrain from using names in the House.

Tom Clonan (Independent)
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I have the full consent of Louise and Caitlin Hassan, and this is a matter that has been covered on the public record in all the national newspapers and on RTÉ, the national broadcaster. All the parties have been named and all the detail has been published, and this is the reason we are here. Here is a family that has been completely failed by the State. To get the help and support they need, many victims of sexual assault have to renounce their anonymity.

On the publication of the report on the Grace case, the Minister, Taoiseach and Tánaiste repeatedly asserted such a case would never happen again in the State. It is happening to Caitlin Hassan right now on the Government’s watch. The multidisciplinary team and Avista published a comprehensive report on the supports Caitlin needs, and she is being denied those. Part of the reason she is being denied them is the legal action Caitlin's mum has been forced to take to vindicate her rights.

If I were knocked down by a drink driver and suffered broken limbs, a broken shoulder and a fractured skull, would the Minister of State deny me medical treatment because of the potential for the criminal prosecution of the driver of the car? He would completely disregard any such process and treat the injured party. Therefore, any legal steps the family in question have been forced to take in regard to the sexual assault and rape of Caitlin Hassan are completely irrelevant. To deny her the medical supports and therapies set out in the report is to add moral injury to physical injury.

When I was talking to Louise about this, she told me it was enough in anyone's lifetime as a mother for her daughter to tell her she has been raped in the care of others. That is enough to be going on with in one lifetime, but to have the resources of the State mobilised against her, to have the State have highly paid legal teams engage in lawfare and accuse her of lying and of a conspiracy theory, and for the State to withdraw all treatments is retaliation and failure. That is precisely what happened in the Grace case and precisely what is happening today. Therefore, I ask the Minister of State to communicate with the Minister responsible for disabilities, Deputy Foley, and the Minister for Health, Deputy Carroll MacNeill. We are not instructed by solicitors; we instruct them, and the Minister is currently instructing solicitors, senior counsel and barristers to fight the family in question – a single mother and her child, who was sexually assaulted while in the care of a State-provided carer, Avista.

The Grace case, we were told, must never happen again. It is happening right now on the Government’s watch. Its members have all been informed. I appeal to the Minister of State, Deputy Grealish, to take the necessary action and provide the support and immediate care that Caitlin and her mum need.

Noel Grealish (Galway West, Independent)
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I thank Senator Clonan for raising this issue. As he knows, I am taking it on behalf of the Minister for Health. I also welcome Louise, Caitlin's mom, to the Visitors Gallery. The Senator has raised a very important issue. I will read the statement given to me by the Minister. The Government considers matters of safeguarding to be of paramount importance and values and appreciates people coming forward to report safeguarding concerns to the appropriate professional bodies and authorities. Although Senator Clonan refers to a specific case which is known to the HSE, he will appreciate that it would not be appropriate to address here the specifics of an ongoing sensitive case concerning allegations with respect to an individual. The HSE, however, assures the Department that, in respect of the case referred to by Senator Clonan, it remains engaged with both the service user and their family and has offered ongoing additional supports, including one-to-one counselling with their counsellor of choice.

In referring to the Senator’s query and the recommendations of a multidisciplinary report, the HSE advises that a clinical multidisciplinary assessment report was recently completed in conjunction with the individual and their family to assess day services needs based on the individual’s needs and wishes. This is being considered by the relevant parties.

I take this opportunity to offer reassurances on the various structures and processes in place within the sector which aim to protect against abuse and provide for appropriate action. A requirement exists for HSE-funded service providers to take appropriate measures to prevent abuse from arising as well as to respond to and report all abuse concerns as per their service agreement, in compliance with the HSE policy on safeguarding vulnerable persons at risk of abuse.

Senator Clonan may be aware that the Department of Health is currently developing a new policy on adult safeguarding in the health and social care sector in consultation with the Department of children, disability and equality. The Department of Health is at an advanced stage in finalising this policy to further strengthen existing protections in this sector. It is expected that these sectoral policy proposals will be brought before the Government in the coming months and that the preparation of related underpinning legislation will commence thereafter.

The HSE’s trust in care policy is in place to ensure proper procedures for reporting suspicions or complaints of abuse against staff members while upholding the dignity and welfare of service user recipients. The HSE states that any trust in care investigation process involves the rights of all individuals involved and these rights must be fully protected to ensure a robust process and outcome in the interest of all parties. The Senator will be aware that fair procedures and the rights of parties involved in such a process must be maintained. That is the message that was given to me, Senator.

Tom Clonan (Independent)
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With no disrespect to the Minister of State, that response is wholly inadequate. Saying, "We do not comment on individual cases" or, "This is a matter for the relevant authorities" is a rhetorical device that is used by the HSE, the Department of Health and previous Ministers. These are the systemic failures identified quite clearly in the Grace case. When people like Louise and Caitlin renounce their anonymity and come forward, as many rape victims do, such as in the recent case of Nikita Hand, for example, we commend them for coming forward because they want the issue to be addressed. It is not good enough for the Minister or the HSE to say they cannot address it. They must address this individual case. Is the Minister of State not shocked, having heard everything we heard about the Grace case, that this is happening right now on our watch? Rather than spending taxpayers’ money, our money, on supporting Caitlin, they are mobilising those funds in order to fight and engage in inappropriate and adversarial processes against this family.

I am disappointed the Minister is not here. I appreciate the Minister of State coming in. He is a person of absolute integrity and I know he is shocked and upset by this. We can and must do better. This situation cannot be allowed to stand. It cannot be allowed to continue. It is the Grace case before our very eyes and, this time, we have the power to intervene. I ask the Minister to do so.

Noel Grealish (Galway West, Independent)
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I realise the passion with which the Senator raises this issue, which is serious for the people involved. I will give the Senator one assurance, that what he has raised here today will be brought to the attention of the Minister. I will do it personally to ensure all proper procedures are put in place to ensure the issue the Senator raised will not happen again and this case is dealt within the proper procedures within the Department.

I cannot talk specifically about the case but the Government recognises the fundamental importance of safeguarding those who may be at risk of abuse, harm or neglect, both in health and social care services and, more broadly, across society. The present-day approach to the delivery of services for vulnerable people is guided by an array of safeguarding advances that have been introduced and built upon. The Senator can rest assured that I will bring this matter to the attention of the senior Minister.