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Dáil
‹ Leaders' Questions

Grace case and disability safeguards

Summary

Deputy Pringle raised the Grace case, warning against treating abuse in care as an isolated incident and asking what lessons would be learned. The Tánaiste said historical standards in institutional care had been disgraceful, outlined reforms already in place, and said the Government had moved immediately to a commission of inquiry and stronger safeguarding arrangements.

Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

We will move on to the question from Independents 4 Change. I call Deputy Pringle who has three minutes. I am watching the clock, even though it is not operating here.

Comment on this

This week saw the publication of the report, Review of Certain Matters Relating to a Disability Service in the South East, also referred to as the Grace case. The Government and the HSE's response to the terrible abuse carried out in a foster home reminds me of the tendency of Governments to think and give the impression that these are isolated instances confined only to one particular part of the country. Allegations of corruption in the Garda investigated as part of the Morris tribunal were seen as a Donegal problem, not a State-wide issue, and we have seen how that has left us. Hence, the Grace case should not be seen as purely a south-east problem. Geography also played a role in previous Government responses to controversies surrounding Áras Attracta, the Catholic Church and mother and baby homes, while in reality similar abuses were being carried out across the country. In light of the Grace case, how can we say that these are isolated instances with any degree of certainty?

We have to act beyond the drip-feed response. We must look beyond geography and investigate the institutional response to allegations of abuse and ensure that best practice is carried out across the board. So far, we have been made aware that institutional responses have been, to say the least, inadequate and, to say the worst, abusive in nature. Some in authority have responded to allegations by denying them outright. Others shoot the messenger or even collude against the whistleblower. There have been institutional cover-ups and made-up counter allegations. Everything in their power is done to make the allegations go away.

These responses have been far removed from best practice, which dictates the need for clearly defined procedures which are understood by all staff and which prioritise the safety of children and vulnerable adults. The only way to prevent abuse is to have those responsible acknowledge the wrongdoing in order to facilitate an appropriate and uniform response to allegations, regardless of in which part of the country the abuse occurred. All responses should be identical. Will the Tánaiste ensure that an audit is carried out in all HSE-run facilities to examine whether sufficient safeguarding practices are in place to protect children and vulnerable adults from abuse and to examine how the HSE has responded to current and historical allegations of abuse?

Comment on this

The whole question of the standards of care in institutional settings in Ireland historically has been an absolute disgrace and a lot of action has been taken to change that situation in terms of being more child focused, in terms of our new protection standards, in terms of the role of HIQA, the Children First guidelines and establishing an agency with particular responsibility for children who are in the care of the State.

In relation to the recent report, the Government has taken action immediately. There will be a commission of inquiry. The Minister of State, Deputy Finian McGrath, will be bringing the terms of reference to the Cabinet in the next few weeks to ensure that the commission is set up in the very near future. In the meantime, the Minister has taken action to ensure there are safeguards in place in relation to the issues which have emerged.

From my experience of foster homes as a former Minister for Children and Youth Affairs, I am aware that the role of HIQA is critical.

HIQA has been going into foster homes in every area of the country and making reports with a whole range of recommendations, which are being acted on by Tusla. We have to hope that what is in this report is historical and that, currently, when the State takes children into care they remain in a place of safety. That has to be our goal and standard. Clearly, investigations are needed into what has happened in the past. That will be done. As I said, other safeguards in regard to adults and children who are in disability services are best guaranteed, as the Deputy rightly said, by outside inspection. That is precisely the role of HIQA, which is now examining every disability service to ensure the standards are clear and that the staff know what those standards are and live up to them.

The price of high quality care is eternal vigilance, of that there is no question. We are determined to ensure that vigilance exists and that the monitoring bodies do their work and when they make recommendations that they are responded to by Tusla, which is now well established, as well as by the disability bodies which are running services.

Comment on this

The Children First guidelines are still not on a statutory basis in this State many years after their publication. It was reported in the newspapers today that the whistleblower in the Grace case feels that the confidential recipient within the HSE office is not fit for purpose. What are we learning from what is happening? What are we doing to make sure the allegations are dealt with in a proper manner, that whistleblowers are not targeted, that cases will be investigated and lessons learned from them, and that people will be made aware that lessons are being learned, which is vitally important? We need to look at all institutions under our control to make sure the systems are in place and that when people raise concerns they are treated with proper respect.

Comment on this

I am assured by the Minister and by the HSE that the HSE has not waited for this report to improve any deficiencies identified in child care and disability services and to act on their recommendations. To repeat the point, HIQA now inspects all residential services for disabilities in line with national standards. A national safeguarding committee has been established, which is independently chaired by Patricia Rickard-Clarke, a former law reform commissioner, to provide strategic direction to the HSE in regard to safeguarding. The new confidential recipient, Leigh Gath, was appointed in 2015 and anyone can make a complaint to her or raise concerns about the care and treatment of any vulnerable person. Those mechanisms are in place.

I would make the point again that it is about ongoing vigilance. It is about making sure that recommendations made by the various bodies, which do the work of overseeing, are implemented. The safeguarding of vulnerable people at risk of abuse policy is in place and additional resources have been made available to ensure it is implemented. Clearly, there are often individual incidents that are completely unacceptable, and all we can do is put in place the mechanisms and services to ensure that, wherever possible, we can prevent such abuses.

Comment on this