Nithe i dtosach suíonna - Commencement Matters ›
Health Service Executive
Senator Clonan criticised an HSE letter to a family caring for an adult disabled daughter, arguing it wrongly implied parents have lifelong responsibility and that the State was failing its legal duties to provide supports. The Minister of State apologised for the upset, said the HSE is engaging locally, and pointed to increased disability funding, respite and service expansion, but did not give a direct yes/no on a legal right to supports.
Is the Minister of State taking this Commencement matter?
Comment on this
I want to raise in the House and with the Minister of State a matter concerning a letter that was recently sent to an older lady in HSE south west who simply could not deal with her adult daughter's disability. She is caring for this adult child on her own. In crisis, she brought her daughter to the local emergency department in a desperate cry for help. Can you imagine, as a parent - as I am and as the Minister of State is - leaving a disabled child at the emergency department? The response from the HSE was a letter to her stating she should be aware there is a legal obligation on parents to support their child financially until they are 18 and up to the age of 23 if they are in education but indefinitely if their daughter has a disability. In other words, until you die you and not the State are responsible. You are personally responsible until you die to accommodate and care for your child. This was in a letter from the HSE. There is no legal basis for that.
In my Commencement matter I asked whether that is the view of the State. I ask whether that is the view of the Government because that was the wording it tried to put into the care referendum, that is, the family would become the primary, if not exclusive, unit responsible for the care of disabled citizens. This is completely and utterly contrary to the legal obligations set out under the UN Convention on the Rights of Persons with Disabilities. I want to know whether that is the position because I and tens of thousands of other parents and carers with disabled adult children are now facing this reality, as set out in black and white. The Government could not get the wording in through the referendum. It was the highest-ever rejection of a referendum by Irish citizens whereby 75% of those who voted rejected it. However, this letter shows that ideological and ableist approach to disabled citizens, namely, a charitable approach where you will take what you are given and you will have no rights seems to be the official line. I want to know what the Minister has to say about that.
At the moment, 2,000 adult disabled citizens are being cared for by parents who are aged over 70. There are 200 disabled citizens being cared for by parents who are aged in their 80s. I received a letter from a lady who is aged 89 and is a cancer survivor to tell me that her 57-year-old daughter was returned to her from a congregated setting. The 57-year-old daughter is a wheelchair user and has other challenges and this 89-year-old lady is asked to lift her daughter in and out of bed. Her husband is aged 91 and uses a rollator. That is barbaric. When she asked the HSE for help, it refused and said one of the couple has to die and the other has to have a diagnosis of a terminal illness. Is that this Republic? Is that what we stand for? Is that how we treat the parents of disabled children? As Tony Murray with his Before We Die campaign asks, why can we not have support before we die? Why do we have to die not knowing what will happen to our children because I can tell you that those 2,200 will go into crisis? Can you imagine being a disabled adult where you lose your parent and having to cope with that and all the challenges and then become homeless, which is happening, or ending up abandoned in the emergency department? What is the Government's plan?
Comment on this
I thank the Senator for raising this really serious issue. I am taking this matter on behalf of Minister of State, Deputy Emer Higgins, who is just returning today from St. Patrick's Day duties. This matter is really serious and the Minister of State is aware of this case and the letter referred to by the Senator. In order to protect the privacy of the individual and their family, it is not appropriate to comment on the specific details in relation to this case. However, officials within the Department of Children, Disability and Equality have liaised with the HSE in relation to the issue raised by the family and the details of this correspondence issued by the HSE and so I believe there has been correspondence.
This an ongoing operational matter for the HSE.
The HSE advises that the sentence the Senator refers to was part of a more detailed two-page letter outlining available supports and options to the family. HSE South West states that it did not intend to cause any upset and apologises sincerely for the upset caused. The Minister understands that the case is being responded to locally. Relevant service providers have been engaging directly with the individual and their family and appropriate supports are being put in place.
This Government recognises the vital work carried out by family carers and acknowledges the impact on carers' physical and mental health. The Department of Children, Disability and Equality, alongside the HSE, is continuing to work to increase provision in order to assist those who are most vulnerable in our society, and who urgently require services. To support families and carers, the HSE and contracted service providers make every effort to provide the correct supports for individuals when needed, including day services, respite services, residential services, home support and personal assistance. HSE disability services provide supports for people with complex disability needs and the level of support provided for each person is aligned to their assessed needs and individual circumstances. Current policies aim to ensure as far as possible that the supports for a person are based on individual assessed need, will and preference and to support people to remain as close to home and connected to their community as they can in line with Article 19 of the United Nations Convention on the Rights of People with Disabilities, UNCRPD, which the Senator spoke about.
The programme for Government includes a number of commitments to advance the rights and improve the lives of people with disabilities, including a commitment to address waiting lists for specialist disability services by implementation of the Action Plan for Disability Services 2024-2026, and resourcing and delivering on its targets. The programme for Government also recognises the requirement for a whole-of-government approach to advance the implementation of the United Nations Convention on the Rights of Persons with Disabilities. In 2025, the Department of Children, Disability and Equality published the National Human Rights Strategy for Disabled People 2025-2030, which was developed with input from disabled people and representative organisations on the issues that matter the most to them. The Department of Children, Disability and Equality and the Department of Housing, Local Government and Heritage will work in collaboration with a number of other Departments and agencies, including the HSE and local authorities, to advance pillar 3 of the strategy, which outlines a collective approach to provide a clear pathway for disabled people to access the supports they require to live independently and address the barriers that impact on their daily lives.
The Senator highlighted many cases. As he said, people are living longer. The services have to be there for people with disabilities. I acknowledge that and think it is important that all of us, working together, make sure that we deliver that. I thank the Senator for highlighting the serious issues.
Comment on this
This is a simple Commencement matter, to ask if the Minister will make a statement confirming that disabled adults have a right to State-funded supports. Do they have that right? I ask the Minister of State, in her final response to me, to give me a yes or no. Do they have a right? In the statement that she read out, which was presumably prepared by a public servant, they say that we will "make every effort to provide the correct supports". That is the same wording as the discredited constitutional amendment referendum, whereby the State would have endeavoured to provide care. They have a fundamental right to care and supports. On this business about how the Minister of State cannot comment on individual cases, this lady revoked her anonymity so that her case could be discussed. Imagine having said to Vicky Phelan that we could not talk about her because it was an individual case. That is a rhetorical device used by the HSE, the Department of Health and other Government agencies, to absolve themselves of any responsibility. On the supports available, in 24 years, I have never had one day of respite. There will be a Private Members' Bill debated here tonight which I will not be able to attend. I have to go home and lift my 24-year-old son. I will not say why, but I have to lift him so that he can have a little intimate care need satisfied. I will be 60 this year. Am I looking into 20 years of this? When he is 40, will I be lifting him in and out of the wheelchair? Is that the Ireland that we belong to?
The Minister of State said that the Department wants to have a clear pathway. I am a Senator; I do not know what will happen to my son when I die. When I contacted the HSE in 2019 about that, the social worker said, "Well, he's living with you isn't he? That's the plan." I asked what will happen when I die and the social worker asked if he has a sister. When I said he had, she said, "Well then, what are you worried about? She'll look after him when you die." That is the clear pathway they are talking about. That is consistent with the ableist wording of the referendum.
All the Government parties campaigned on a platform of disability supports and rights at the general election. Micheál Martin spoke about it at great length and so did the Tánaiste, Deputy Harris. Since the Government has come into power, all we have seen are loss of income, further poverty for disabled citizens after the budget and letters like this. Where are we? Do disabled citizens have a right to these supports? It is a very simple question requiring a yes-no answer.
Comment on this
I fully appreciate the upset that the HSE correspondence has caused the Senator. My understanding is that the HSE is engaging with the family and putting in place the appropriate supports. I will certainly go back to the Minister of State, Deputy Higgins, on this and get the Senator the answer. The Senator needs to get the appropriate clarification on the services and the care. I can only go on the response I have been given today.
In an effort to address the demand for disability services, budget 2026 allocated approximately €3.9 billion for specialist disability services, an increase of 20% compared with 2025. Specialist disability residential services make up the largest part of the disability services paid for by the HSE, representing almost 60% of the total budget. In addition, €65 million has been allocated to disability residential services. Approximately €25 million of this funding will go towards expanding increased respite services, which are very important. Families also need respite; I do understand that.
The HSE 2026 national service plan outlines an expected 10,000 additional respite beds nationally, including high-support placements and 25,000 additional respite sessions for adults and children, including after-school, weekend and holiday programmes. The Government also recognises the voice of those with disabilities and the importance of listening to their wishes for their futures. I will come back to the Senator. I understand his concerns. I am going on the basis of the brief I was provided with today. I am not aware of that case but I am glad that the HSE is working with the family and will continue to do so. I will get the Senator the information he wants and I again thank him. These are really serious issues that we need to highlight and work to resolve.