Dáil Éireann Debate, Tuesday - 29 April 2025
83. Deputy Claire Kerrane asked the Minister for Children, Equality, Disability, Integration and Youth to respond to the finding of the final substantive report of the commission of investigation into certain matters relative to a disability service in the south east and related matters, also known as the Farrelly commission, volumes 1 and 2; and the planned next steps in response. [21193/25]
View answerI ask the Minister to respond to the report of the Farrelly commission into what has usually been termed the Grace case. More importantly, I want to know what the Minister's next steps will be and what she plans to do in response. I appreciate that much of this is HSE-related and there are a lot of questions for the HSE to answer. We are reminded that when Grace was failed in the first instance, she was a child and the Minister has a role in that regard.
The commission of investigation into certain matters relative to a disability service in the south east and related matters, or the Farrelly commission, is an independent statutory commission of investigation established in 2017 to investigate the care and protection of Grace, which, as we are all aware, is a pseudonym, and others in a former foster home in the south east, which has been the subject of abuse allegations.
It is important to note that at the heart of the report is the story of Grace, the pseudonym chosen to protect the identity and privacy of the young woman who lived with the foster family.
The final substantive report on the first phase of the Farrelly commission and the commission's statement concerning part X of its terms of reference was published on 15 April 2025. 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 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 treatment of protected disclosures by whistleblowers, the commission’s statement on part X does not identify further information that would point to the merits of embarking on further investigation into 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 is no basis for moving forward to a phase 2 of the commission of investigation. However, it is important to take every precaution to ensure the lessons from Grace’s case are applied. In that respect, I intend 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. My officials are actively seeking to identify an appropriate expert or experts in the field of safeguarding to carry out this exercise. The seven people referenced in the commission’s statement on part X and-or their representatives are being invited to participate in this exercise and share their lived experience, if they wish to do so.
Gabhaim buíochas leis an Aire. There was something really stark in the response to the report's publication. Usually, we would be shocked by such failures and grave injustices but on the back of this report's publication, we saw widespread disbelief and disappointment concerning what the report was all about. It took a very long time to conclude the report - eight years - and it has cost millions in taxpayers' money, yet there is a feeling the report has not answered key questions. For us, the Minister and her Department, it is about care and protection. That brings us to the State care system that exists today and what we can take from all this to ensure that the system works as best it can for the children in it.
I thank the Deputy. She is 100% right. There must be learnings from this. We are conscious this is the story of Grace and others. It is important to point out that since Grace's case first arose, there have been a number of steps forward in safeguarding. There was the development of the Ombudsman for Children's Office, the establishment of HIQA, the establishment of Tusla - Child and Family Agency, and the commencement of the Children First Act. It is important we do not stop there but remain constantly in the space of being proactive. In that respect, I am intent on ensuring there will be an expert-driven non-statutory safeguarding exercise that will identity the learnings from the commission's findings. We are already seeking an appropriate individual or individuals to conduct that work.
I appreciate the steps the Minister has taken and the work that will be undertaken on the back of the report specific to this case, and rightly so, as that needs to be done, but I also want to impress on the Minister the need to look at the care system today. The Children's Residential and Aftercare Voluntary Association has repeatedly called for a review of Ireland's care system. It has raised repeatedly the increase in unregistered and uninspected for-profit providers in the system. The Child Law Project has raised issues relating to the care system and judges have, at various points in time, raised issues and voiced despair at the system. While it is important we see steps taken on the back of this report, I also ask the Minister to look at the care system today.
Safeguarding is everybody's responsibility and should be everybody's business. I am committed to working with the HSE and Tusla to ensure there is a focus on continually enhancing the approach to safeguarding across all services. We are conscious of the obligations on us as individuals, whether working in the field of education, sport or whatever. When we deal with young people, we are all mandated persons and there is a process that needs to be followed.
There is a body of work under way on adult safeguarding, which has also been raised. The HSE has introduced a national policy on safeguarding vulnerable persons at risk of abuse and has established a national safeguarding office and safeguarding protection teams. For the first time, the HSE has appointed a chief social worker, which is an important step forward. An issue has been raised around developing a new policy in adult safeguarding. That is under way by the Department of Health and should be coming before us shortly.
