Dáil Éireann Debate, Tuesday - 29 April 2025
123. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth when the second phase of the commission of investigation (certain matters relative to a disability service in the south east and related matters), as required by Part II (a) (iii) and (iv) the terms of reference of that commission, will commence; and if she will make a statement on the matter. [20526/25]
View answerThe third and final substantive report of the Commission of Investigation was published on 15 April 2025 along with the Commissions statement concerning Part X of its Terms of Reference.
The Commission’s statement on Part X conclusions indicates that there is an absence of information in the possession of the Commission identifying issues for further investigation with respect to matters to do with the role or conduct of public authorities in respect of seven cases identified, akin to the type of concerns raised in respect of Grace, save for two cases, where the role of public authorities has already been investigated and reported upon by the Commission.
On the matter of the treatment of protected disclosures by whistleblowers, the Commission’s statement on Part X the Commission does not identify further information which would point to the merits of embarking on further investigation in relation to how the protected disclosures were treated or the treatment of those making protected disclosures.
In that context and on the advice of the Attorney General, there were a number of factors to consider carefully including the absence of a clear recommendation by the Commission that further investigation is warranted; the challenges and evidentiary considerations in carrying out a second phase investigation including the fact that Mr and Mrs X are both deceased; the length of time and detailed work undertaken to date in the context of three substantive reports on Phase 1; and the considerable cost incurred to the State to date.
Following extensive consideration of these matters by my Department in consultation with the Office of the Attorney General, the Government has taken a decision that there is not a clear basis for moving forward to a Phase Two of the Commission of Investigation.
The Government has considered its response to the Commission’s statement on Part X carefully and deliberated on next steps, with the assistance of the Attorney General.
The Minister intends to undertake an expert-driven, non-statutory safeguarding exercise to identify learnings from the Commission’s findings to inform present day safeguarding policies and practices. The seven people referenced in the Commission’s statement on Part X and/or their representatives will be invited to participate in this exercise, to share their lived experience, if they wish to do so.
