Written answers

Tuesday, 21 March 2017

Department of Health

Commissions of Investigation

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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693. To ask the Minister for Health the person or bodies at all levels that will be held accountable for the Grace case and the findings of the subsequent Devine and Resilience reports; and if he will make a statement on the matter. [12936/17]

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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The Commission of Investigation into certain matters relative to a disability service in the South East and related matters i.e. the Commission being established into the care of "Grace" (pseudonym) and others, will be tasked with establishing the facts regarding the role of public authorities in the care and protection of Grace and the other vulnerable individuals who resided with the former foster family.

It is important to emphasise that the Health Service Executive (HSE) has put in place a number of changes in recent years to take account of the service and management deficiencies identified in the Conal Devine report, and in particular the Safeguarding Vulnerable Persons at Risk of Abuse – National Policy and Procedures .

With regard to the HSE’s internal human resource (HR) management process into the failings identified in the Devine and Resilience reports, following the publication of the reports all HR matters can now be immediately progressed. As this aspect of the Deputy's question relates to service matters, I have arranged for the question to be referred to the HSE for direct reply to the Deputy.

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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694. To ask the Minister for Health if it is the fact that any statement, admission or document given or sent to a commission of investigation is not admissible as evidence against a person in any criminal or other proceedings except proceedings regarding an offence under section 18; if this will apply to the proposed commission of investigation into the Grace case; and if he will make a statement on the matter. [13191/17]

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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The Commission of Investigation into certain matters relative to a disability service in the South East and related matters i.e. the Commission established into the care of "Grace" (pseudonym) and others, is being established under the Commissions of Investigation Act 2004, which is under the aegis of the Minister for Justice and Equality. The Commissions of Investigation Act contains the following provision, which applies to all Commissions established under the Act:-

19.—(1) None of the following is admissible as evidence against a person in any criminal or other proceedings, except proceedings in relation to an offence against section 18:

(a) a statement or admission made by the person to a commission or to a person appointed under section 8;

(b) a document given or sent to a commission pursuant to a direction or request of the commission to the person;

(c) a document specified in an affidavit of documents made by the person and given to a commission pursuant to a direction or request of the commission.

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