Finian McGrath (Dublin North Central, Independent)
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Question 234: To ask the Minister for Health and Children if she will ensure that all adults and children with disabilities are protected following the Galway abuse report; if she will ensure that they have a safe and caring place; and if she will make this a priority in 2008. [35380/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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My Department has, over the years, developed a number of protocols and procedures sometimes in conjunction with other relevant bodies, in identifying, preventing and dealing with child abuse in all its various forms. These protocols include: Report of the Committee on Non Accidental Injury to Children (1976); Memorandum on Non Accidental Injury to Children (1977); Guidelines on the Identification and Management of Non-Accidental Injury to Children (1980); Non Accidental Injury to Children (Revised 1983); Child Abuse guidelines (1987); Child Care Act, 1991; UN Convention on the Rights of the Child (ratified 1992); Guidelines on recruitment and selection of staff in the health services (1994 & 1995); Notification of Suspected Cases of Child Abuse between Health Boards and Garda (1995); Putting Children First — A discussion document on Mandatory Reporting (1996); Putting Children First — Promoting and Protecting the Rights of Children (1997); Protections for Persons Reporting Child Abuse Act (1998); Children First — National Guidelines for the Protection and Welfare of Children (1999); Trust in Care — Guidelines for Dealing with Allegations of Abuse in Health Care Institutions (2005); Our Duty to Care — The principles of good practice for the protection of children & young people (2002); Stay Safe Programme for Primary Schools; Child Care Regulations (1995 and 1996).

The protection of children and vulnerable adults from abuse has always been a priority for my Department. Under the Health Act, 2007, the Health Information and Quality Authority (HIQA) will have power to set standards and to inspect residential facilities. As HIQA prepares for this role, I have asked the HSE to take all possible action to ensure the quality and safety of these services.

The HSE has published Guidelines for the Provision of Residential Services for Young People with Disabilities. Over the coming months, the HSE will roll out a Service Review System to support service providers in implementing the quality criteria contained in the Guidance document. In addition, the HSE is arranging for changes to the Service Level Agreements that it has with the disability service providers to enable it to review the quality and safety of the service which it funds.

Alan Shatter (Dublin South, Fine Gael)
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Question 235: To ask the Minister for Health and Children the action the Government proposes taking to implement the recommendation contained in the report published on 11 December 2007 into services provided by the Brothers of Charity in Galway and the physical and sexual abuse of intellectually disabled children in the period 1965 to 1998 in institutions run by the Brothers; the reason there was an unaccountable delay of eight years in the publication of the report; and her views on whether the report is comprehensively addressing allegations raised in the circumstances in which just 21 victims of alleged abuse were interviewed although 135 residents in Brothers of Charity institutions have sought compensation through the Redress Board. [35384/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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On Tuesday 11 December 2007, the HSE published a report into allegations of physical and sexual abuse in the Brothers of Charity services in Galway, at the Holy Family School and Woodlands Residential Service at Renmore, Galway City and Kilcornan Residential Services, Clarinbridge, Co. Galway.

The Inquiry was established in 1999 when the Western Health Board and An Garda Síochána became aware of allegations of abuse within the Brothers of Charity Services. Allegations were made in respect of a period between 1965 and 1998 by 21 clients at the Renmore and Kilcornan services against 18 people. 11 were members of the Brothers of Charity congregation, 4 were lay staff and 3 were former service users.

There was a serious delay in completing the report. It was initiated by the former Western Health Board in 1999 and no report was finalised until now. The HSE has apologised to the victims and their families for this delay. Dr Kevin McCoy, retired Chief Inspector of Social Services in Northern Ireland, was commissioned in May 2006 to finalise the report. The report details terrible abuse suffered by some of the most vulnerable members of society. It is further evidence of how some of the most vulnerable people in society were badly let down in the past.

On behalf of the Government, I reiterate the Taoiseach's formal apology to all those affected by abuse in institutions operated or funded by the State, including the Brothers of Charity Services, Galway. The HSE has advised me that the original Inquiry Team acted promptly in 2000 by notifying An Garda Síochána of all allegations of abuse and relaying all files and cases to them. I understand that two of those who are the subject of complaints received a conviction. The former Western Health Board at the time and the HSE have worked closely with the Brothers of Charity in offering immediate support for those affected, follow-up for each individual client now using the service, and follow-up for service users generally. In relation to the number of cases investigated, it is important to bear in mind that only those who made formal complaints could be dealt with individually by the inquiry. While we understand that others may have applied for redress under the Redress Board Scheme, their confidentially must be respected. I understand that agreement had been reached between the HSE and the Federation of Voluntary Bodies to develop a programme to close all institutional/campus style residential services for people with disabilities and to relocate them to more appropriate community settings. I should say that the Woodlands Residential Centre was closed in 1984, and the Kilcornan Residential Centre is in the process of being closed; residents will be relocating to more appropriate accommodation in the community as soon as possible.

I also understand that agreement has been reached with the Federation of Voluntary Bodies to carry out a comprehensive national audit and review of client protection issues within disability services. A number of important issues have been highlighted by the publication of this report.

I consider that the delay in preparing this report is totally unacceptable. The HSE has already apologised individually to each complainant and did so again on the day when the report was published. At the request of the Department of Health and Children, the HSE is developing protocols for the management of all future inquiries of this kind. In addition, I am arranging to have an immediate inquiry carried out by an independent person into the causes of the delay in preparing this report. The person will be asked to report to me as quickly as possible.

I am committed to ensuring that all residential facilities for people with a disability are independently monitored and inspected by the Health Information and Quality Authority. HIQA has commenced work on standards for designated residential centres for people with a disability which will form the basis for statutory regulations and inspections. In the meantime, I have asked the HSE to take all possible action to ensure the quality and safety of these services. The HSE recently published a formal guidance document on residential facilities for children, and will do so in respect of adults early in 2008. The HSE will be making it a condition of funding under its Service Level Agreements that the contractual arrangements between the HSE and agencies that provide disability service will include, for the first time, quality and safety measures to ensure that the users of a service can enjoy a rewarding and safe experience to which they are entitled.