Alison Comyn (Fianna Fail)
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We will now begin statements on the Farrelly commission report. The statements are to conclude at 5 p.m. if not previously concluded, with the time allocated to opening remarks by the Minister not to exceed ten minutes, group spokespersons not to exceed ten minutes and all other Senators not to exceed five minutes. Time may be shared. The Minister is to be given no less than ten minutes to reply to the debate. I call the Minister for Children, Disability and Equality, Deputy Foley.

Norma Foley (Kerry, Fianna Fail)
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Gabhaim buíochas leis an gCathaoirleach as ucht an ama agus an deise seo a thabhairt dom. The Commission of Investigation (Certain Matters Relative to a Disability Service in the South East and Related Matters), the Farrelly commission, is an independent statutory commission of investigation established in 2017 to investigate the care and protection of Grace and others in a former foster home, family X, in the south east, which had been the subject of abuse allegations. Grace is the pseudonym chosen to protect the identity and privacy of the young woman who lived with the foster family. The commission, in naming and describing persons who were involved in Grace’s case in its reports, sought to ensure the maintenance of the protections provided for in the terms of reference with respect to Grace’s identity while reporting on the matters under investigation.

Grace was born in a hospital in the south of Ireland in 1978. Grace has an intellectual disability and is non-verbal with a requirement for life-long care. Grace is now 46 years of age. Grace was made a ward of the High Court in March 2010. The office of the general solicitor, as Grace’s committee in wardship, and her legal team represented Grace’s interests before the commission. The commission submitted two substantive interim reports on its investigations to the Department of Health which were published on 1 October 2021. The final substantive report from the commission was published on 15 April 2025. The commission of investigation gathered 312,000 pages of documentation over the course of eight years with the final report running to almost 2,000 pages.

The commission’s independent findings on the extent to which Grace suffered any abuse are as follows. There is a finding of serious neglect on the part of Mrs. X in relation to the lack of attention to Grace’s dental care. There is a finding of neglect on the part of Mrs. X in not ensuring that Grace attended the day centre more regularly and more consistently. The commission is satisfied that there was neglect in the standard of care provided by Mrs. X to Grace based on evidence given in relation to Grace’s clothing and personal hygiene. There was a level of financial mismanagement or abuse by Mrs. X of Grace’s disability allowance in breach of her duties as agent. The evidence to the commission did not establish neglect of Grace in the provision of food and sustenance to her over the years she lived with family X. The commission is not satisfied that the evidence was such as to establish that marks or bruises sustained by Grace were as a result of her having been subjected to physical abuse. The evidence did not establish that Grace had been subjected to sexual abuse over the years that she lived with family X. The commission is not satisfied that evidence provided established or supported a finding that there had been emotional abuse of Grace.

The commission makes a number of findings in the final substantive report about decision-making in relation to Grace’s care throughout the period July 2007 to March 2010. The commission’s report found that the general absence of oversight and monitoring of Grace in her placement by the South-Eastern Health Board and the HSE inevitably permitted the areas of neglect established in the evidence to develop or persist over time more or less unchecked. This was a fundamental failure of their duty of care to Grace in the circumstances. The commission further highlights shortcomings by the South-Eastern Health Board in the investigation of sexual abuse allegations made against family X and the lack of proper consideration to the position of Grace and her care in that context.

For the information of the House, with regard to the provision of an executive summary, which I requested to be included, the commission’s expressed view was that it would have been impracticable to do so, having regard to the detailed factual background derived from the evidence contained in its three substantive reports, which collectively amount to around 2,800 pages. It stated in its final substantive report that, “The commission's substantive reports should be read together for the purpose of fully understanding the commission’s findings.”

One of the commission’s terms of reference known as part X relates to whether the facts and information gathered in the course of the inquiry warrant scope for any further work which the commission could undertake in the public interest. This included 47 cases where other children had stayed with Mr. X and Mrs. X in their home as part of fostering or respite arrangements. The commission’s statement on part X conclusions indicates that there is an absence of information in the possession of the commission identifying issues for further investigation. This is with respect to matters to do with the role or conduct of public authorities in respect of seven cases identified, akin to the type of concerns raised in respect of Grace, save for two cases, where the role of public authorities has already been investigated and reported upon by the commission. The commission states that there were no prosecutions recommended by An Garda Síochána or directed to be taken by the DPP in the case of any of the 47 people referenced in the statement on part X. Following extensive consideration of these matters by the Department of Children, Disability and Equality in consultation with the Office of the Attorney General, the Government has taken a decision that there is not a clear basis for moving forward to a phase 2 of the commission of investigation. I requested the commission to inform those with whom the general solicitor engaged of my intention to publish the report. The commission was not of a mind to do so. I did have the contact details for the ward of court for Grace but not for anyone else involved in the work of the commission. As the House will appreciate, the work of the commission has rightly been private and confidential. Consequently, I sent a notification to the ward of court to alert Grace's representatives that I would be publishing the final substantive report. I also inquired about Grace's general well-being. In response, the general solicitor, as committee of Grace, advised that they have arranged for regular reviews of Grace's care in a residential home by independent social workers.

I also met with the General Solicitor for Minors and Wards of Court at her request. She confirmed that considered and extensive submissions were made on behalf of Grace to the commission of investigation. The general solicitor was clear that management of the submissions made to the commission remains a matter for the commission itself. In that meeting, the General Solicitor for Minors and Wards of Court indicated that Grace is extremely happy and is living a meaningful and fulfilled life supported by a small team who are very committed to her well-being.

For the information of the House, I also received correspondence from the commission of investigation stating that it had fully discharged its obligations under section 34 of the Commissions of Investigation Act 2004. That section outlines that before submitting the final or an interim report to the specified Minister, a commission shall send a draft of the report, or the relevant part of the draft report, to any person who is identified in or identifiable from the draft report. It also stipulates that the draft report must be accompanied by a notice from the commission specifying the time allowed for making submissions or requests. The commission further confirmed its view that all steps were duly taken in considering submissions received, including those made on behalf of Grace.

The report has been sent to all necessary State bodies, including the HSE and Tusla, which took over responsibility for child and family services from the HSE when it was established in 2014. The HSE and Tusla are considering the report in detail and will take any action required on foot of its findings. While it is never possible to say with 100% certainty that a safeguarding issue could not occur in any setting in the future, there has been a marked change in the way we as a country operate in respect of child safeguarding, in terms of both the way vulnerable children are looked after when in the care of the State and the manner in which vulnerable adults with disabilities are cared for in the range of services available to them.

The circumstances of Grace's case were truly unacceptable and rightly caused great concern when they came to public attention. I again pay tribute to the whistleblowers who made protected disclosures relating to the handling of Grace's case.

Alison Comyn (Fianna Fail)
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I will call the Minister to reply no later than 4.50 p.m. Our first speaker is an Seanadóir Margaret Murphy O'Mahony.

Margaret Murphy O'Mahony (Fianna Fail)
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The Minister is very welcome to the Upper House, and fair play to her, she is always available to us, a sign of a great Minister. Gabhaim buíochas léi.

I would like to take a moment to think of the woman we know only as Grace. Grace was let down. There is no doubt about that. She was a non-verbal girl whose dental hygiene and dental health were allowed to deteriorate and who was sent to daycare not as often as she should have been and shabbily dressed. One can only imagine how she felt. I think of her today.

Today we rise in solemn reflection but also in unwavering determination. I speak on behalf of Fianna Fáil to welcome the publication of the final substantive report of the Farrelly commission, including the commission's statement on part X of its terms of reference. We acknowledge the extraordinary work carried out over several years under the statutory independence of the Farrelly commission, established in 2017. Its remit was as vital as it was painful: to investigate the care and protection of Grace and others in a former foster home in the south east, in an environment that has been the subject of deeply troubling abuse allegations. We use a pseudonym, Grace, not only in recognition of her right to privacy and dignity but also in deep respect for the resilience she and others have shown. Her name has become part of a wider reckoning. The commission's efforts represent a pivotal milestone in our collective responsibility as lawmakers, as public servants and as a nation to bring light to past wrongs and learn how to prevent them from ever happening again.

The report, published on 15 April 2025, marks a conclusion of phase 1 and addresses significant elements under part X. Notably, the commission concluded that there is an absence of information warranting further investigation into the conduct of public authorities in seven identified cases - cases akin to Grace's except for two. These are already examined and reported on by the commission. It is important to understand that these findings do not imply the absence of hardship, injustice or pain in any of those cases. Rather, they reflect the commission's careful approach to determining whether statutory thresholds for further inquiry were met. That is a sobering distinction because even in the absence of legal fault we must remain conscious of our moral obligation to guard against failure in care.

The report also revisits the treatment of protected disclosures, those courageous efforts by individuals who dare to speak out. The commission found no further basis to justify deeper investigation into how those disclosures were handled or how the individuals making them were treated. While this finding offers some reassurance, it must not lead to complacency. We must still honour and protect those who come forward. Whistleblowers perform an essential public function, often at personal risk, and they must feel confident that the system has their back not just in word but in action.

Following detailed consideration and consultation with the Attorney General, the conclusion is clear: there is no legal or evidentiary basis to initiate phase 2 of the commission. That determination is one that Fianna Fáil respects, grounded as it is in independence and legal integrity, but our commitment does not end with a report or a legal boundary. Justice is not static; accountability is not one-dimensional. Our focus now shifts from investigation to reflection and, most importantly, to action. We must ask ourselves, what are the lessons? How can we ensure that the systems we rely on to protect the most vulnerable are working not just on paper but also in practice?

To that end, we commend the initiative taken by the Minister for Children, Disability and Equality, Deputy Norma Foley, in launching an expert-led, non-statutory safeguarding review. This is not a substitute for justice; it is a continuation of it, a future-facing commitment that recognises the responsibility of the State not only to examine the past but to future-proof care. This initiative will draw on expert insight to identify how policies and systems can be fortified. It will critically examine where vulnerabilities remain and ensure that the insides of the Farrelly commission report, painful as they are, do not gather dust on a shelf but take root in reform. This is what meaningful accountability looks like.

We especially welcome the collaborative nature of this safeguarding exercise. Department officials are actively working to identify appropriate experts in the field of safeguarding, professionals who will bring both experience and empathy to the process. Critically, the seven individuals referred to in part X, or their representatives, are being invited to participate to share their lived experience should they so wish. And let us be clear: lived experience is expertise. It brings a depth of understanding that no policy paper ever could. Learning directly from those most impacted by these events makes the process not only inclusive but truly transformative. It is essential that this safeguarding review operates transparently and with empathy and urgency. It should be resourced adequately and treated as a priority because the stakes are too high and the cost of failure is too great. Let us also acknowledge the courage it takes to step forward to relive trauma in order to help others. Their bravery is not something we can repay but we can honour it through real and lasting change.

We must never forget why the Farrelly commission was convened in the first place.We must bring the memory of what Grace and others went through into every discussion about care, protection and safeguarding. This is not just about correcting past failures; it is about building trust in the system and ensuring that, when families place faith in the State, that faith is not betrayed. That is the essence of public service and the foundation of democracy. That is what we in Fianna Fáil stand for - governance with compassion, policies with purpose and care systems which dignify every individual.

Before I conclude, I offer a final word of thanks to the Farrelly commission for its work which was handled in a very sensitive way; to the families and individuals who bravely participated in the investigation; to the whistleblowers whose courage must never be taken for granted; and to the Minister, Deputy Foley, and her Department for their continued commitment to safeguarding reform. Let us not close the book on this chapter too quickly. Let us ensure the legacy of the wonderful Grace is not one of silence or sorrow but one of progress, protection and persistent vigilance.

Fianna Fáil remains steadfast in our belief that every person, regardless of ability, background or circumstances deserves safety, dignity and respect. The work of reform is never finished, but with resolve, compassion and action, we can deliver a future worthy of those we failed in the past.

Alison Comyn (Fianna Fail)
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Before we hear our next speaker, we have a packed Public Gallery today and I will welcome the groups. We have the men's and women's sheds of Enfield, who are guests of Deputy Barry Heneghan. I know how busy you all are and I am delighted to see you working in alliance. I also welcome Victor and Michael. We also have guests of Senator Paraic Brady, Barbara Heslin and Samantha Healy, directors of services in Longford County Council. Welcome to you all and I hope you enjoy the rest of your visit to the Seanad.

Tom Clonan (Independent)
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I thank the Minister for coming in and presenting us with her observations on the Farrelly report. It is fair to say Grace has become a household name in Ireland and, sadly, for the reasons the Minister has referred to. Grace was failed. Everyone from the Taoiseach and Tánaiste to the various Ministers who have a footprint in this area have all expressed regret this has happened, apologised and indicated they do not want there to ever be a repeat of this case.

I refer to a case which has been highlighted in the media of late by RTÉ and all the broadsheet newspapers and that is the case of Caitlin Hassan. She is a 27-year-old woman who was sexually assaulted and raped in State-funded care. Her mother, Louise Hassan, is being denied access to or sight of a report which was initiated into this sexual assault. Caitlin is, unfortunately, suffering. She is no longer receiving the supports in care she needs from the State. She is at home, for the most part curled up in a foetal position. I am in regular contact with Louise Hassan. We were outside last week at the protest for adult safeguarding following the "Prime Time Investigates" documentary on the abuses of the elderly in Beneavin nursing home care setting and elsewhere. I have raised Caitlin's case in this House repeatedly and is on the Seanad record multiple times. I am really concerned for Louise Hassan. Last week at the protest, she told me she fears she is losing Caitlin. It is a phrase she uses repeatedly; she thinks she has lost her. I put it to the Minister that Caitlin's case is Grace's case and it is happening right now. I implore the Minister to speak to her Cabinet colleagues and see what resources can be mobilised to assist this family because I know she shares my concern in this regard.

Catilin's case and the issues highlighted in the "Prime Time Investigates" documentary speak of a system in Ireland of care supports, which we absolutely need but which are without proper adult safeguarding measures. I approached the Law Reform Commission earlier this week on this and it has done a lengthy piece of research and investigation into adult safeguarding legislation. It has drafted adult safeguarding legislation which I believe would be of huge benefit. It would close the current and existing legislative gap around these protections. These are protections everyone in the House and who is listening needs. I have said this to the Minister before but according to the World Health Organization, WHO, all human beings experience disability. For an average of eight years of our lives, every man, woman and child in the Republic will require care supports. For most of us, this happens at the end of life, as was the case in the example of the elderly being abused in the nursing home care settings we saw on "Prime Time Investigates". I plan to have that legislation drafted and to introduce it in the Seanad in my capacity as an Independent Senator. I hope I will get support from Government on that and to try to progress that legislation as quickly as possible in order that we can all benefit from the type of legal safeguards for adult safeguarding that are enjoyed, and I use that word advisedly, in every other European Union member state but are absent here.

I have every faith in the Minister's integrity and sincerity on these issues but I ask that we please find a way to address the concerns of Louise Hassan and her daughter Caitlin. They are really in extremis. The fact her mum has come forward and gone public on such a serious and sensitive matter of sexual assault speaks volumes to the appalling situation they find themselves in. It is particularly dark that she does not have the supports and resources she needs. If she suffered any other injury, she would get the supports and treatment she needs. She needs treatment for the trauma of this assault. Her mother also needs support. She is a single mum and she is finding it very hard to cope with the current situation. I know the Minister hears me and, as I said, I do not doubt her integrity or sincerity in these matters.

I thank the Minister for coming in and for her observations. They are absolutely right about what happened in the Grace case but we might take that energy and precedent to reach out to the Hassan family.

Cathal Byrne (Fine Gael)
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I welcome the Minister to the House today. I begin by commending her on arranging to publish this report on what happened to Grace over a long period. I am speaking on behalf of the Fine Gael Party in the absence of Senator Bradley who cannot be here today.

I will start with something that really struck me as I made my way through reading, as best I could, the almost 2,000 pages of the report. In volume 3 on page 4, it states, "Having regard to Grace’s level of intellectual disability, she was and remains entirely unaware of the work of the Commission or of any inquiry into the circumstances of her life." This was a profoundly sad reflection when all of us are here speaking about her.There has been a 2,000-page report and an investigation over eight years into her life and the circumstances of what happened to her, yet she remains unaware of that, given the extent of her disability. I recognise that, in her contribution, the Minister said she has made inquiries and found that Grace is now in quite a good place and doing well. The fact is that, as the commission report illustrates well, there were decades of systemic neglect, delays and denial in addressing what happened to Grace. It took many whistleblowers coming forward over many years and they were crucial in finally removing Grace from the environment she was in and allowing her to find a home in a better place.

It is important that, as representatives and elected politicians, we discuss this matter in this House today. A light must be shone on these things so we can highlight and illustrate the failures of the past, take lessons from them and not allow them to be repeated. One of the major points that struck me in all of this is the fact that when Grace first moved into the foster home and was placed there, she was ten years of age and, in the next six years, there were no social work visits. For anybody in their early to middle teenage years, from ten to 16, those years are a crucial part of their development. That no social worker visited that house to check in with Grace and see what was happening is unconscionable.

As a father myself, I cannot believe some of the descriptions that are contained in the report. I recognise that the commission is independent and its findings are independent. I recognise that the Government and the agencies involved have apologised to her and recognised the failures of the system over many decades with regard to Grace’s care. There is a serious need for us to get to grips with the key points that were highlighted, in particular the fact there was no recognition of Grace as a person and as somebody with complex needs who needed the benefit of additional care. That was not key and central in what the State was trying to do, and her care in that regard fell far short of what the Constitution would expect and what the Proclamation says about cherishing all the children of the nation equally. That is the exact opposite of what happened here.

As the Minister rightly highlighted, we need to move to a model that prioritises dignity, safety and accountability, one that puts in place safeguards, checks and balances and allows organisations like the HSE, Tusla and the various other stakeholders in this area to be monitored. There will be issues like this in the future. Some might say what has happened here will not happen again but issues will arise in the future, although nobody has knowledge of them at this point. I am a strong believer that, to prevent them, we must have sufficient checks and balances in the system so it is not up to one individual and there is scrutiny and oversight at a rigorous level. I encourage the Minister, in the work she is proposing to do in the coming year to 18 months, to ensure monitoring and oversight are a central aspect of this.

I want to address one of the key discussion points in the commission report, which is that we have really struggled as a country to balance the objective of establishing facts and the issue of costs. In the 1990s and early 2000s, we had tribunals of investigation and inquiry which ran to hundreds of millions of euro. We now have the current model. In 2003, when the commissions of investigation legislation was introduced by the then Minister for Justice and now our Seanad colleague, Senator McDowell, in his speech introducing that legislation, he spoke about how it is essential that the issue of costs of inquiry be addressed. His hope was that the Commissions of Investigation Bill, as it then was, would achieve this without in any way diluting the effectiveness or efficiency of the inquiry and its objective of establishing facts. Unfortunately, in a general sense, we have not achieved that.

Our whole model of operating commissions of investigation which run for years and years, with significant legal fees and a large cost to the taxpayer, while establishing the facts is taking too long and costing too much. The move away from tribunals to commissions of investigation, in my opinion, has not worked and we need to reflect on this. As a Government, another look must be taken at how it is that the State is failing to swiftly and cost-effectively get to grips with ascertaining a set of facts when something goes wrong. These issues will pop up in the future and it is very important there is a mechanism to investigate them. However, it has to be a swifter and more cost-effective model. I do not think the commission of investigation framework we have at the moment has lived up to the hope of Senator McDowell when he introduced that legislation all the way back in 2003.

I recognise the programme for Government commitment to advance disability rights with a new strategy by 2030. It is very important when we are discussing Grace that I conclude where I started. Given Grace's level of disability, unfortunately, she is unaware of what we are discussing today and the fact there was an inquiry into the circumstances of her life. It is important that we constantly put her front and centre in our minds when we discuss this issue.

Alison Comyn (Fianna Fail)
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I call Senator Pauline Tully.

Pauline Tully (Sinn Fein)
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I wish to share time with Senator McCormack.

Alison Comyn (Fianna Fail)
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Is that agreed? Agreed.

Pauline Tully (Sinn Fein)
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What happened to Grace is forever unforgivable. It is unconscionable to know what she went through. She was a young girl of ten or 11 years of age with an intellectual disability and non-verbal who was put into a place - I would not even call it a home - that was not properly assessed before she went into it. She was left there for a period of six years during which there was not one visit by a social worker to see whether she was okay, whether her needs were being met or whether she was being subjected to abuse or neglect in any form. For six years, she was really forgotten about despite concerns being raised by the Brothers of Charity in 1991 about other children in that same house. She still was not removed in 1996 even though there were allegations of sexual abuse against Mr. X. In fact, it was sanctioned for her to be removed and, very disturbingly, this was overruled by the then Minister for Health.

She was a child and developed into a woman. She was left there for 20 years. God knows what she endured in that time. Again, it was only due to another brave whistleblower, who in 2007 raised concerns about her well-being, that it was investigated, and it still took two years for her to be moved. I commend the whistleblower and, indeed, whistleblowers everywhere. It is not made easy for them in any shape or form. Many people see things happening and are afraid to report them because of the management structure within these places. I am glad that someone with a conscience came forward and stepped up.

The commission of investigation took eight years and cost almost €14 million, and the findings were of neglect and financial abuse. However, while that happened and there were findings, I do not feel that the physical abuse and sexual abuse were properly investigated. There were 47 other children in the same house at different times. I saw a “Prime Time” interview with a sister of one of those children.From what she said at the time, I think there was no doubt that there was sexual abuse in that house. Whether Grace was subjected to it, we will unfortunately never know because she is non-verbal but she is extremely vulnerable and was not protected.

The interviews and information provided by the whistleblowers and Grace's legal team were not included in the commission of investigation. It cost a lot of money and took a lot of time, yet the findings are lukewarm. How many children are currently in similar situations? The Children's Residential and Aftercare Voluntary Association said there has been an increase in unregistered and uninspected for-profit providers in the care system. There is a focus on profit and not care.

We have heard a number of different allegations and investigations into residential settings, some of them nursing homes and others residential settings for people with disabilities, over the past few years. The management structures are letting people down. There is a focus on making profit and there are not enough staff to monitor what is going on. Proper management systems have not been put in place.

We need safeguarding legislation and mandatory reporting. When I was a teacher, I had to report suspected abuse and there was a chain of command. I knew exactly who in the school to report that to. If I heard or strongly suspected something, I knew what to do with that information and, therefore, it could be investigated further and, it is to be hoped, resolved. The failings in this case include Mr. and Mrs X, who were guilty. However, the State is complicit in neglect and abuse by placing Grace and any other children in the home without the proper assessment and monitoring.

I continue to have concerns because I am contacted regularly by the parents of young adults. Very frequently, those young adults may be autistic or have an intellectual disability, or both, and are often non-verbal. They are in residential settings where parents cannot get answers as to why their loved ones have a bruise, cut, are not being cared for properly or there are very few activities. I am concerned about a lot of issues.

I commend the many foster families and social workers on the great work they do, but we do not have enough social workers. There are 250 children without a social worker. We need to train more. It is a tough job. In order for social workers to stay in that job and continue providing supports to children, they need to be supported. If they have too many children to look after, everybody suffers. I am delighted that Grace is living a good life now, is properly cared for and is happy in her home.

Maria McCormack (Sinn Fein)
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I will start with Grace in mind. One of the things that defines us as human beings and sets us apart from all other creatures is our ability to communicate and give voice to our experiences, fears, suffering and hopes. The very act of being heard is central to our humanity. For those who cannot speak or whose voices are not heard, they are utterly dependent on all of us, including the State and its institutions, to protect and advocate for them and act in their best interests. Grace could not speak for herself and in her silence the State failed her, not once but over and over again.

The Farrelly report was supposed to finally give voice to her story, but with 2,000 pages and at a cost of nearly €14 million, the report has delivered silence once more. It has failed to answer the central harrowing questions that must be asked. Why Grace was placed in a home that was never formally assessed or approved for a foster placement? How can that happen? Why did no social worker visit her for six full years? How was it possible that credible allegations of abuse, including sexual abuse, were discounted and dismissed from the report? Why, after she was removed from the placement, was she sent back?

This is not just about historic wrongs; it is about the ongoing failure of transparency and accountability because, disturbingly, submissions on behalf of Grace by the General Solicitor for Minors and Wards of Court, who was appointed to protect her interests, were simply omitted from the final report. How can that be justified? How, after everything that Grace has suffered, can her voice once again be silenced?

The report exposed the fact that what happened should never have happened, but the process of repeatedly covering up what was happening shows a culture of secrecy that has been at the heart of many of our darkest institutional failures, from mother and baby homes to the Magdalen laundries and industrial schools. Let us not even refer to nursing homes.

This case is beyond horrific. There were failures that were ignored and covered up which snowballed into enormous tragedies. The Farrelly commission report is a deeply troubling part of the wider pattern, a report that after years of work delivers nothing close to the justice that was promised and which Grace deserves. The very least we owe Grace and every child in State care is full accountability. That begins with full transparency.

Ms Marjorie Farrelly must now come before the Oireachtas to explain omissions and decisions. Why were the submissions made on behalf of Grace not incorporated into the report? We have to try to hear Grace's voice in some form. Why were the experiences of other children who passed through the foster home not investigated? This is really serious. Why after all this time is there so much silence? We are judged as a society by how we protect those who cannot protect themselves. In this case, we have fallen far short. There is still time to do the right thing. Grace deserves nothing less.

Alison Comyn (Fianna Fail)
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Is Senator Stevenson sharing time?

Patricia Stephenson (Social Democrats)
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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.

Tom Clonan (Independent)
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Thank you.

Patricia Stephenson (Social Democrats)
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You are welcome. We need comprehensive safeguarding legislation and we need to allow State bodies to conduct unannounced inspections, obtain court orders to enter and remove individuals where necessary, receive and act on reports of abuse and advocate for the rights of adults at risk, among a range of measures. We need mandatory reporting, much like we have with the child safeguarding legislation.

The State is running at almost €600 million in terms of these tribunals. What we get for our €600 million is that lessons have been learned. If we learned lessons, we would not need these commissions. The Farrelly commission has not really given us answers. Neither it nor the Grace report has given us a sense of accountability or justice.

I will finish with a statement from the CEO of Inclusion Ireland:

Whilst improvements in safeguarding have been noted in recent years it remains a concern that many disabled people still live in circumstances where abuse is more likely to occur. Until we change the nature of how we support people to be truly focused on their human rights, choices and freedoms, we run the risk of more stories like Grace’s.

This statement should drive our actions now. None of us wants to be speaking about future cases like this so we need to act together with urgency and legislate. Going back to Senator Clonan's point, we can expedite adult safeguarding legislation. That is in our power as legislators and I would welcome that.

Sarah O'Reilly (Aontú)
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I thank the Minister for coming in. I commend her colleague, Deputy John McGuinness, on all the brilliant detective work he has done over the years on this issue and on his determination to seek justice for Grace. I am gutted that justice has not been served. In this country we are very good at looking back at historical abuse but one area the State has failed to examine is abuse in the foster care system, and indeed abuse in the State care system at present.

Last week I raised the issue of the death rate among children in State care. Over the past ten years, 235 children in or known to State care have died. They died under the watch of Tusla. Ten of them were murdered and 51 died by suicide or drug overdose. Why is no political party other than Aontú raising this issue? I acknowledge other Independent Senators and TDs are raising it.

Tomorrow we will debate mother and baby homes and survivors of institutional abuse. The mother and baby homes redress scheme has abandoned anyone who spent less than six months in a mother and baby home and they will not get any redress. This is relevant to this debate because Grace was born in a mother and baby home and is one such person. The commission was given a budget of over €13 million and has taken nearly a decade to report. The final report was launched in the middle of the Dáil holidays. I think this was done on purpose to avoid scrutiny.

There is still no clarity on the experience of the 47 other children fostered by the family which fostered Grace. Were they abused? Did the commission interview them? The fact the testimony submitted by Grace's lawyers to the commission was not referenced in the report is a scandal. Grace is non-verbal and could not speak up for herself, and then testimony given by her legal representatives was disregarded by the commission. This is cruel and inhumane. It should not have been allowed to happen.

I take issue with the way the commission treated whistleblowers in this case. It was shocking. There is no justice and no answers. Thirteen million euro for what? I ask the Minister and Government to call the commission before the Oireachtas to answer questions on its deeply flawed report.

Norma Foley (Kerry, Fianna Fail)
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I thank all Senators who have contributed to this debate on the final substantive report of the Farrelly commission. There has been a wide range of speakers. I am appreciative of their input.

It must be emphasised that the commission of investigation is an independent statutory commission empowered to investigate matters of significant public concern, possessing robust investigative powers and, by design and by law, exercising its functions and powers entirely independently of Government, the Minister and the Department. This is as it should be and as this Chamber would wish. The essence of an inquiry is that it should not be subject to political interference. I know that would be a key wish of this Chamber. The commission was facilitated with a final short technical extension to 23 May 2025 to ensure outstanding matters regarding legal costs and archiving were completed and for submission of the final report of the commission on costs. I received the costs report on 22 May. This is the final report of the commission of investigation and, pursuant to section 43 of the Commissions of Investigation Act 2004, the commission is now dissolved. The report was referred to the Office of the Attorney General for consideration and confirmation that there is no impediment to publication. The commission of investigation has also deposited its archive with the Department.

Given the length of the commission's tenure, there has been dual responsibility for it. The Department of Health was responsible from the commission's establishment in 2017 up to 1 March 2023. At that point, the functions vested in the Minister for Health with respect to the commission transferred to the then Minister for Children, Equality, Disability, Integration and Youth. Officials are reviewing the costs involved and it is the intention to publish the report on costs shortly.

It is never possible to say with 100% certainty that a safeguarding issue cannot occur in any setting in the future. However, there has been a marked change in the way we as a country operate in respect of child safeguarding, both in the way vulnerable children are looked after when in the care of the State and in the manner in which vulnerable adults with disabilities are cared for and the range of services available to them. For vulnerable children in the care of the State, safeguarding has become a priority, from both a legislative and a policy perspective. Significant steps have been taken, from the development of foster care standards to the creation of the Ombudsman for Children's Office and HIQA, the establishment of Tusla and the commencement of the Children First Act. These steps represent a significant shift in the way we treat children who require the care of the State, have a right to be protected by the State and rely on us to do so.

A number of advances have been developed in adult safeguarding, including the establishment of HIQA, which inspects residential services and centre-based respite services. The development of a HSE adult safeguarding policy in 2014, which covers all services and settings, was an important development. A national safeguarding office was established in 2015. Safeguarding protection teams across all CHOs were introduced to provide a community safeguarding response, as well as quality assurance, oversight and advisory support to the HSE and funded service providers on safeguarding matters. The HSE published an independent review of its policies and procedures, the McIlroy report, in 2024. This has led to the introduction of a chief social worker in the HSE to drive the implementations of the recommendations in the report. Strong progress has been made on mandatory reporting of all suspected abuse of children, be it physical, sexual, emotional or neglect.

I recognise many Members of this House and organisations representing people with disabilities have raised the requirement for robust adult safeguarding legislation. I am supportive of the development of this legislation. It is in the remit of the Department of Health and that Department is developing a new policy on adult safeguarding in health and social care settings to cover the full spectrum of healthcare and social care services - public, voluntary and private.This new policy on adult safeguarding is being developed and, I understand from the Department of Health, will be brought before the Government in the coming months. The preparation of related underpinning legislation will commence immediately thereafter.

The commencement of the Assisted Decision-Making (Capacity) Act 2015 on 26 April 2023 enhanced protections and safeguards around decision-making for vulnerable adults lacking capacity. The Law Reform Commission's report, A Regulatory Framework for Adult Safeguarding, across all sectors, was published in 2024 and was accompanied by draft legislation in the form of a civil adult safeguarding Bill and a criminal justice adult safeguarding Bill. The report sets out a range of recommendations for future Government consideration in regard to adult safeguarding.

The national independent review panel executive summary on the Brandon report outlined a number of recommendations relating to service provision, including the establishment of the strategic working group tasked with the development of a new vision for disability services in the area. A high-level report outlining the strategic working group's work to date in providing an independent and objective assessment of the safeguarding structures and processes in place in disability services was requested from the independent chair, Colm Lehane, in 2024. I expect to receive a report on this matter in the coming weeks.

Safeguarding is everyone's responsibility. The onus on us as a Government is to ensure that we work collaboratively across all Departments, the HSE, Tusla, all State agencies and the wider community to support and embed a culture that recognises every person's right to respect, dignity, honesty and compassion in every aspect of his or her life. As Members know, I expressed my intention to undertake an expert-driven, non-statutory safeguarding exercise, which will identify learnings from the commission's findings to inform present-day safeguarding policies and practices. Significant work has been undertaken by officials in my Department seeking to identify an appropriate expert in the field of safeguarding to carry out this exercise. The procurement process for the selection of this specialist safeguarding expertise is under way and will be completed within a number of weeks. The seven people referenced in the commission's statement on part X, and-or their representatives, will be invited to participate in this exercise to share their lived experience, if they wish to do so. This exercise will be fully independent of the Government. I expect to be in a position to notify the House shortly when a safeguarding expert has been appointed to carry out this body of work.

Alison Comyn (Fianna Fail)
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I am not certain what school group has just arrived, but I welcome them to the Chamber and the Gallery. I am not sure whether they have been given any homework before the end of term but there will be no more of it today, which is the tradition of the Seanad. I hope they will enjoy a nice long summer break when it happens.