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Seanad
‹ Order of Business

Áras Attracta abuse allegations

Summary

Senators express shock and condemnation over abuse of residents at Áras Attracta, recalling earlier institutional failures and calling for accountability, stronger safeguards and investigation.

I am sure I speak for everyone who would like to express their disgust and dismay on the scenes we saw last night with regard to Áras Attracta in Swinford. Obviously, it will take some time for the Government to respond. I see the HSE has made a comment already, but there is a wider issue here. The Leas Cross situation was in my own area ten years ago, which people will remember as quite similar to this but for more elderly people also. While the regulations have changed and improved and we hope that in most areas they are observed, situations like the one we saw last night are obviously unacceptable. We must do everything in our power to address it.

The people who perpetrated these acts are fully qualified. People can talk about management and resources but this involved a one-to-one patient to staff ratio. It was not about underfunding or lack of resources from what I could see. It was about the type of people and the lack of respect and dignity they afforded our most vulnerable people who need to be cared for. It is absolutely disgraceful. At the appropriate time, I am sure we will have a proper and meaningful debate on the matter. Perhaps, we can get the Minister in to see how we can ensure that these things do not happen in future. As I said, it is ten years since Leas Cross, but we are back here again.

I put colleagues on notice that Aer Lingus is holding its EGM at the airport in Swords at 2 p.m. today. The shareholders will vote today on the restructuring of the Irish aviation services scheme, which is, in effect, the airport pension scheme. This will affect all members of the scheme, including retired, active and deferred members. We have debated this up and down and I thank colleagues who have been supportive of my position and the pensioners. I remind Members that pensioners, some of whom are into their 90s, will lose six weeks' pay if the vote is passed at the EGM today. They will also carry the full risk of the pension scheme into the future and pay a levy of 2.53% per annum on top of that. Many of the deferred pensioners who have not yet retired will lose up to 60% of their benefits and existing staff will also take a cut.

We have pleaded and debated up and down with the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe, his predecessor, Deputy Leo Varadkar, and the Minister for Social Protection, Deputy Joan Burton, on this but all to no avail. I have tabled amendments to the Social Welfare Bill next week and ask colleagues to look at them very carefully as they could have the effect of reversing some of these measures. The problem is that this is all being choreographed. In my view, it is a massive stitch up. Today, these companies and the Government will write off €500 million just like that with a vote. The irony is that the only people who will have a vote today are the shareholders of Aer Lingus, not the members of the pension scheme, including those who have retired and those who worked for 30 or 40 years in the companies. The Government and the Irish people have a stake in Aer Lingus of 25%. I would like to know what the Government's position will be at the EGM today. Will the Government vote for the restructuring of a scheme to reduce the benefits for the 15,000 people across these classes of scheme members or will it use the opportunity to oppose the restructuring?

I propose an amendment to the Order of Business for today to provide that the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe, comes to the House for just 30 minutes before 2 p.m. to answer questions as to how the Government will vote on the restructuring of the pension scheme. Why I say this is a stitch up is that all of the amendments we tabled - and which the Government was aware of - were ruled out of order in the Dáil. I have retabled them in the Seanad but, unfortunately, the EGM is today. Aer Lingus called the EGM the day after the changes to the scheme were passed. We have one last opportunity to do the right thing here. Can the Leader confirm how the Government is voting at the EGM this afternoon and respond to my proposal to amend the Order of Business?

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I agree with Senator Darragh O'Brien that everyone will want to express their disgust and horror at the revelations on the "Prime Time" programme last night. While they were flagged in advance and we knew what would be in the programme, watching the scenes on the hidden camera was appalling. I refer in particular to the humiliation and degradation of residents by staff. I agree with Senator Darragh O'Brien entirely that this was not about resources, but involved experienced staff who had been there for some time. The treatment by some individuals of the residents of Áras Attracta was appalling. I am glad to see the HSE has apologised unreservedly. The HSE has already taken action and initiated a series of steps to prevent a recurrence of these unacceptable practices, which is very welcome. I note the Minister of State at the Department of Health, Deputy Kathleen Lynch, has welcomed the steps taken by the HSE, in particular the independent investigation it has initiated into the incidents at Áras Attracta. The real concern is that this sort of treatment of residents is happening in other institutions, which is something we will all be deeply concerned about.

I had the opportunity on Monday this week to spend quite some time at Mountjoy men's prison and the Dóchas centre for women. I visit the prisons on a regular basis. It is heartening to see the improvements to the conditions for prisoners there, in particular in the men's prison where the appalling practice of slopping out has been discontinued and all cells are single occupancy. The practice of doubling up has ceased. At the same time as we are making great improvements in our treatment of prisoners in custody, about which we have been the subject of international criticism for many decades, it is sad to see that we have not, apparently, made the same progress in the treatment of all citizens in institutions in the State. The Áras Attracta case, like Leas Cross ten years ago, should be a wake-up call for all of us. I congratulate the team of journalists who brought this to our attention and wish the HSE investigation team well. I hope we do not see any more of these depressing programmes. A colleague who has emigrated to Australia texted me this morning to say he despaired of humanity having watched the programme. We all share that view.

On a more optimistic note, I welcome the acceptance by the Government last night of the motion on recognition for the independent State of Palestine, following the lead of the Seanad. Recognition of the independent State of Palestine by different EU member states - and there seems to be a growing momentum around this - can only add impetus to efforts to secure peace in the Middle East, in particular between Israel and Palestine. It is a long-standing Labour Party policy and I am glad to see the Government moving on it.

Last night, I had the privilege to launch at the Mansion House the Dympna Meaney women's leadership development fund for Comhlámh, the organisation for returned development workers. This is a new bursary established for women leaders in the global south, in other words Central and South America, Asia and Africa. It seeks to empower women by providing them with opportunities to build skills and leadership, thereby empowering communities. I ask the Leader to arrange a debate in the new year on development strategies and organisations as there is a great deal of good work going on. We can be very proud of the fact that we send 2,000 volunteers from Ireland overseas every year to work in development. We do not highlight that enough in the Oireachtas and I would like to see us do so in the new year.

Comment on this

"We must rise up" said John Dolan in his interview on "Morning Ireland" today. He was not talking about water charges but about the documented casual nature of the abuse at Áras Attracta which played out for all to see on RTE last night. As Professor Gerard Quinn said in his interview, residents were being treated as objects to be managed rather than as subjects to be cherished.

On international human rights day 2014, I have a number of questions for the Leader. Perhaps some of them are rhetorical in the best sense, but they are questions that need to be asked nonetheless. On International Human Rights Day 2014, can the Leader confirm that the long-awaited gender recognition legislation will be published before Christmas? Dr. Lydia Foy, her advocates and all trans people, young and old, in Ireland want to know.

On International Human Rights Day 2014, will the Leader inform the House as to when the Department of Justice and Equality will publish the last head of the sexual offences (amendment) Bill? This head has to do with the oppressive, offensive and truly outdated legislation that criminalises sexual relations between people with an intellectual disability if they are not married. It is the law my right to love Bill - the Criminal Law (Sexual Offences) (Amendment) Bill 2014 - seeks to change. Will the Leader confirm that the sexual offences (amendment) Bill that will amend so many oppressive past laws, will be enacted before this Government concludes its work?

On International Human Rights Day 2014, will the Leader also confirm if the Government will put a referendum to the people so they can choose whether they want to incorporate Irish people’s fundamental economic, social and cultural rights within our most precious legal document, namely, the Constitution? Would it not be an incredible way for the Government to demonstrate its will to end long-term, medium-term and short-term homelessness?

On International Human Rights Day 2014, will the Leader give us an indication if the Minister for Justice and Equality and the Government will finally recognise the proud identity of our Irish Traveller community by recognising their ethnic identity, or will that community have to wait until the next Government assumes power? Tomorrow, I am meeting with a group of Travellers who want to speak to me about Seanad reform and if there is any possibility when all is said and done, the talking finished and one more report has been written, that we will get some genuine relevant reform that will be inclusive of their voice, so that one of their people can be in the Seanad to represent how they see the world, experience society and the economy. If I were offered a place on the Seanad reform group, I would gladly give it to one of the Travellers. I wonder how that would change the conversation and the recommendations.

I wish a happy International Human Rights Day 2014 to the Leader and Members.

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We are all shocked by last night’s “Prime Time” programme. It will be very hard to consider anything else while that is clearly in our minds. It is a reminder of what responsibilities we have. Senator Zappone has just touched on the legislation that we pass here, whether it is to protect whistleblowers or stop the actions we saw on last night’s programme. We must consider the importance of this House and ensuring it represents the whole country. Senator Zappone is quite correct in stating there are areas in which we can make changes. Whatever happens in Seanad reform, that is one of the changes that should take place.

Another Bill passed comparatively recently amalgamated the Competition Authority and the National Consumer Agency to form the Competition and Consumer Protection Commission. It just issued an extensive report on how customer service is handled. It was interesting to note how bad we are at it. A large number of people have been let down in this regard with the estimated cost to consumers coming to €500 million a year. Will we have an opportunity to consider this report at some point? It does show that when we pass legislation, it gets things done, whether it is customer service. Ireland has an opportunity to establish a name for customer service worldwide.

On Senator Darragh O’Brien’s earlier reference to the pension challenge in Aer Lingus, I hope there is a recognition of the problem we had in Waterford Crystal, which has been resolved in the past several days. A large number of people have worked all their lives in Aer Lingus. It is disgraceful a decision may be made today which may take away part of their pensions for which they have worked and contributed to over the years. Since the Government and the people are the main shareholders in Aer Lingus, let us hope today’s meeting does the right thing.

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I also join with colleagues in expressing revulsion at the revelations in last night’s RTE programme about Áras Attracta. Yet again, we have an example of what can only be described as institutional abuse. Our history of abuse in institutional settings is a very depressing one, as is our record of incarcerating people with whom we seemingly find it difficult to deal. While I would go no further for fear of prejudicing the investigation at the centre, there really is no other way of preventing such incidents other than the introduction of CCTV and the possibility of undercover investigations.

I congratulate RTE on its very fine public service broadcasting last night. It is to be commended on its investigation. Will the Leader ask the Minister of State with special responsibility for primary and social care, Deputy Kathleen Lynch, to attend the House once the investigation has been completed to discuss the matter?

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I want to lend my voice in condemning the appalling contents of the programme we saw last night. It indicates man’s inhumanity to his fellow man. It is hard to believe that after the debates we had for many years on the Leas Cross nursing home, something similar could happen again. It is a blight on our society and it is about basic human dignity.

I recall once going to a hospital to make a will for a woman who was terminally ill with cancer. Her husband had predeceased her and she had a special needs daughter. All that troubled that woman was who would care for her daughter. It was not an issue of money. It was about who would look after Anna. This morning other parents in such circumstances must be shaking, asking is this our society in 2014, one that cannot care for those who cannot care for themselves. It is a sad day for all of us as politicians and society in general. It puts the great march to be held outside today on Merrion Square into the ha’penny place. I had to turn off the last few minutes of last night’s programme because I could not bear to see actions I thought were past history, left behind us many decades ago. However, that is the reality in which we live.

Yesterday, I heard Conor Faughnan from the AA, Automobile Association, on the radio speaking about the three penalty points drivers without an NCT, national car test, can now get on their licence. Several weeks ago, a young man informed me he was five months waiting to get an NCT. I thought at the time it was carelessness on his part in failing to apply on time. My NCT is due at the end of February. On 1 December, three months before it, I rang up to apply for the test but the earliest date I could get was the middle of March. I said I would do the test on a Sunday morning or a Saturday night but was told I could not and the situation with appointments was dire. How many drivers will be faced with getting three points on their licence if their NCT is out of date through no fault of their own? Will the Leader bring this to the attention of the responsible Minister? It is appalling that anyone who has applied for an NCT can only get a test five months later through no fault of their own. It does not add up. More test centres or more manpower must be introduced to deal with this. Eight years ago, the maximum waiting time for a NCT was six weeks. Now the delay can be up to four or five months, which is appalling. These delays are not just one-offs either as they are widespread. It is not good enough for drivers.

Comment on this

I second Senator Darragh O’Brien’s amendment to the Order of Business.

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I add my voice in condemning the appalling and disgusting behaviour towards and treatment of residents at Áras Attracta. It is only a year and a half ago that the Seanad discussed similar abuse in child care facilities. It is terrible that we have to hear what is going on in our facilities through the media.

We must also be very careful not to tar every single care facility with the same brush. I know there are some superb long-stay care facilities for the elderly and people with disabilities up and down the length and breadth of the country.

Throughout the length and breadth of this country, there are some superb long-stay and care facilities for the elderly and for people with disabilities. I know that because I worked in one before going into politics. The most important people in those care facilities were not the people coming in or the staff, but the residents. We were never allowed to call them patients or anything other than residents and they were always treated with dignity and kindness. No amount of training will teach people care, decency, respect and love. If one does not have those fundamental qualities, one should not be in the position of caring for our sick, our elderly or our children. We must ensure that people going into these jobs have those qualities.

What can we do here as a Government and as elected representatives? As has already been pointed out, today is International Human Rights Day. We must make progress. The Assisted Decision-Making (Capacity) Bill was supposed to be the final step before we ratified the UN Convention on the Rights of People with Disabilities. We can do that. We can listen to the people if they come to us with complaints about treatment in long-care facilities, or in any facility. It is our duty as elected representatives to pass on those complaints to the powers that be and insist that they listen to us.

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