Norma Foley
Kerry · Fianna Fáil · Ireland
“Therefore, the means by which the motion proposes to address the challenges raised may not specifically align with the approach being taken, but I absolutely accept that the underlying goals are the same and I accept the Deputies' sincerity in seeking to achieve them.”
“I intend to bring forward specific proposals arising from this work towards the end of the year, depending on progress and the outcome of ongoing engagement with stakeholders.”
“Working with that office, the Department of Children, Disability and Equality is absolutely committed to seeking to expand and reform specialist disability services in order to maximise individuals’ independence and support them to live lives of their choosing in places of their choosing.”
“A number of new measures are in train to move towards planned provision of residential supports, including the provision of planned residential placements under a new initiative, as outlined in the HSE’s 2026 national service plan.”
“I absolutely accept they are fighting tirelessly to highlight the need for us to ensure their loved ones are cared for and provided with appropriate housing, as and when it is needed. For far too many families, placements are made at the last minute, causing distress to individuals and their families.”
“In line with commitments contained in the programme for Government and the national human rights strategy, the Department of Children, Disability and Equality is now developing a new vision and reform strategy for disability services.”
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“However, parents find that having waited to get the assessment, they may then face another long wait to access the services their child needs. This understandably causes frustration and stress for families. It is not acceptable. We need to look not only at the assessment of need process but also at the wider system to identify the barriers and delays and remove them. I would like to see a process that ensures a child receives an assessment that is appropriate to their needs because every child is different, with his or her own unique abilities and needs. HSE data shows there has been significant growth in the number of applications for assessment of need in recent years. Applications increased from 8,400 in 2023 to more than 10,600 in 2024, a 26% increase.”
“Once in place, I believe this will help to alleviate the confusion and stress experienced by a lot of children and their parents. More generally, I believe that parents would like more clarity about the path to take within the healthcare system when they feel their child may have a disability or additional needs. The HSE is working on a single point of access to disability services to ensure children are directed to the correct service provider and receive the necessary services as soon as possible. It is an area in which we need to see more progress in the coming months. Delays in service provision in other parts of the system mean that parents look at all options, including assessment of need, to get early access to services and supports for their child.”
“It is within this broader system that the assessment of need process sits. I understand that a significant source of concern and frustration for parents is a lack of clarity about where they should go, in particular where they are seeking an autism assessment or diagnosis for their child. Data on the disability category identified in completed assessment of need reports show that the "autism spectrum disorder” category increased from 18% of all completed assessment reports in 2013 to 36% of all completed assessment reports in 2023. The HSE has been developing an autism assessment and intervention protocol. I look forward, as a priority, to its introduction and incorporation into the existing health and education systems.”
“It is important to note that children do not require an assessment of need to access health services, including primary care, children’s disability network teams, CDNTs, or mental health services. Children with complex needs may require supports from their local CDNT. More than 43,000 children are currently supported by these teams with or without an assessment of need. Children whose needs are more moderate are supported through their primary care team. I know these systems face their own challenges. People are pursuing assessments of need because they feel they need to due to issues in the wider system. I know from speaking to parents that this system is not working as it should for their children, many of whom are on long waiting lists for those services. Indeed, some children may be on multiple waiting lists.”
“The Minister of State, Deputy Naughton, and I are firmly committed to addressing these delays and ensuring the assessment of need process is effective and efficient. This Government remains committed to delivering real and tangible solutions to enhance services to better support children with disabilities. This is clearly reflected in the programme for Government, as is our commitment to address the challenge of growing waiting lists for assessment of need. I am under no illusion about the issues facing the assessment of need system. They are complex and a multifaceted approach is required to address them. These issues are not just a priority for my Department but require a cross-governmental and cross-departmental response.”
“Gabhaim buíochas leis an gCeann Comhairle as ucht an t-am agus an deis seo a thabhairt dom. Cara Darmody, a 14-year-old child, will be outside Leinster House for 50 hours starting today, highlighting the deficiencies in the assessment of need system and the impact it has on families. I have met and engaged with Cara and her father Mark on three occasions, including last week. I have been impressed by her intelligence, passion and enormous commitment. She is a strong and vocal advocate for her own family and other families across the State affected by assessment of need delays. Cara is highlighting the impact that delays in access to an assessment of need can have on children who need them and their families.”
“The action plan will take into account the diverse views of stakeholders in this field and connect the wide range of actions and commitments already in place with a broad research and evidence base to describe the additional initiatives required to achieve the ambitions of this programme for Government. The action plan will enhance parental choice through ongoing support for public, private and community provision, as well as childminders. I look forward to updating the Dáil as the action plan is developed.”
“This will build on the extensive stakeholder engagement activities that have taken place in recent years, and that includes an in-depth meeting with representatives from the Together for Public campaign and attendance at its launch, which has been referred to in the motion. In addition, a number of dates have been offered for a meeting between the National Women’s Council of Ireland and senior officials of the Department. The programme for Government outlines the intention to undertake a broad consultation ahead of publishing a detailed action plan to build an affordable, high-quality, accessible early learning and childcare system with State-led facilities adding capacity.”
“The new Planning and Development Act provides a framework for the review and revision of planning guidelines to ensure that new early learning and childcare facilities that are brought on stream align with future needs. Importantly, we are committing to progressively reduce the cost of early learning and childcare to €200 per child over the lifetime of the Government. Officials are examining this ambitious commitment and exploring approaches to most effectively achieve this objective. We are very much in the active planning stage for what I anticipate will be an exciting number of years in this sector. Core to this planning is engagement with stakeholders across the sector.”
“It offers the potential for much greater scope to influence the nature and volume of provision available and to ensure better alignment with estimated demand, with public provision operating alongside the established private and community elements of the sector. We will design and develop this work in collaboration with the Department of Education and the Department of Housing, Local Government and Heritage as key partners. School buildings already provide the premises for approximately 15% of early learning and childcare services and the programme for Government points to ways in which these arrangements can be further supported.”
“Capital investment is being provided this year for the expansion of provision by existing providers, including investment in the purchase or construction of new buildings by community providers. This investment is integral to ensuring greater availability of places and recognition of the role played by private providers in enhancing the early learning and childcare offering available. The programme for Government also commits for the first time to providing capital investment to build or purchase State-owned facilities, to create additional capacity in areas where unmet need exists. State ownership of early learning and childcare facilities is a very substantial and significant shift in the policy direction that the Department has pursued heretofore.”
“The programme for Government articulates an intention that the unit be resourced and transformed into a forward planning and delivery unit to identify areas of need, forecast demand and deliver public supply within the early learning and childcare sector where required. This unit is currently developing a forward planning model to assist in identifying where unmet need or demand and areas of low supply exist. This model will be central to the Department's plans to achieve the policy goals set out in the programme for Government to build an affordable, high-quality, accessible early learning and childcare system, with State-led facilities adding capacity.”
“In the Partnership for the Public Good report, the expert group report also made a number of recommendations with regard to the role of the State in the sector to enable greater public management. It called for the State to play a larger role in capacity planning and developing the sector to align with need, as well as examining the introduction of public provision to complement private provision. These are areas where some progress has been made but I understand we need to step up these efforts. The programme for Government builds on the initiatives in recent years since the publication of Partnership for the Public Good and provides the impetus now to go much further and to deliver on that mandate. Last year, a supply management unit was established in the Department.”
“Indeed, recent data from the OECD show that low-income households in Ireland are now paying at or below the OECD average for early learning and childcare for the first time but out-of-pocket costs for some parents remain much too high, and I know that. The expansion of regulations to allow for access to the subsidy scheme by families who use registered childminders was also achieved late last year, fulfilling commitments in the national action plan for childminding, 2021 to 2028. I hope to see childminder registration numbers gather pace in this three-year transition period until September 2027 before registration becomes mandatory. During the transition period, my Department is providing supports at local level through the city and county childcare committees.”
“The access and inclusion model has already been extended to children in the preschool scheme outside of preschool hours, both in term and out of term. This is making an enormous difference to the lives of children with a disability. Further extensions of the access and inclusion model for younger children and schoolgoing children are now being considered. Equal Start has been introduced to support inclusion of children from disadvantaged backgrounds in early learning and childcare. Services with a priority designation under Equal Start are now in receipt of additional supports. The national childcare scheme has increased subsidy rates paid to parents which, along with fee controls under core funding and other reforms to the scheme, are delivering much greater affordability for parents.”
“The joint labour committee process has seen the agreement of two rounds of employment regulation orders establishing new minimum rates of pay for staff at different grades, supported by core funding. This has resulted in pay increases for a large cohort of staff in the sector. I recognise, however, that we need to build on this to ensure that qualified staff are attracted and retained in the sector. To this end, €45 million is being made available this year to support the agreement on a third round of employment regulations orders by the joint labour committee. This funding is contingent on updated orders being in place. It is €45 million for the purpose of pay and it should be used in full for that purpose. I said that mindful of the independence of the joint labour committee and I respect that independence completely.”
“The pathway to developing this sector was set out in Partnership for the Public Good, the report of the expert group that was agreed by the Government in 2021. The key theme of that report was the need to strengthen State involvement in the sector through greater levels of public management accompanied by greater levels of public funding. Significant reforms have been delivered since then and they provide the solid foundation for the next stage of development by Government. The core funding scheme was introduced in 2022. Now in its third year, €331 million will be invested this year into the sector through this scheme to deliver improved pay for educators and practitioners, to control parental fees and to support providers. This scheme has been the key to starting to unlock some of the long-standing challenges in the sector.”
“The substantial efforts made in 2024 alone are outlined in the recently published First 5 annual implementation report, the annual progress reports on nurturing skills and the national action plan on childminding, which I published earlier today. I absolutely recognise that we need to go further to support parents, educators, practitioners and providers across the early learning and childcare sector, with the focus always on ensuring positive experiences for children. As committed to in the programme for Government, I will be developing an action plan to set out the important next steps for the next stage of transformation of this essential service that build on the very positive foundations we now have in place.”
“I welcome the opportunity to debate this important issue. While there is agreement that further efforts are needed, as demonstrated by the extensive commitments in the new programme for Government, the substantial progress made in recent years in this area has delivered real, substantive and sustained change and that should be recognised. Backed by record increases in investment over the term of the previous Government, early learning and childcare in Ireland has been transformed. Many more children are participating in early learning and childcare, parents are paying less, and staff have seen increases in pay.”
“I move amendment No. 2: To delete all words after "Dáil Éireann" and substitute the following: "welcomes the significant prioritisation by the Government of measures designed to: — reduce out of pocket costs of early learning and childcare for families; — better align the supply of State-subsidised early learning and childcare with demand; and — increase the pay and improve the working conditions of early years educators and school-age childcare practitioners, as well as develop career pathways and promote careers in the sector, in line with Nurturing Skills, the Workforce Plan (2021-2028); acknowledges the unprecedented growth in State funding in the sector, which has increased by 142 per cent since 2020 to stand at €1.37 billion this year; acknowledges and welcomes the major achievements of the funding model that provide a solid foundation from which this Government can build, in particular: — the National Childcare Scheme (NCS), which is providing subsidies - universal, income-assessed and sponsored - to record numbers of children this year, with an allocation of €530 million in 2025; — the Early Childhood Care and Education (ECCE) programme, which enjoys uptake rates in excess of 96 per cent and has removed barriers to accessing pre-school education, with data from a recent review showing that more than 40 per cent of families would not have been able to send their child to pre-school without this programme; — the award-winning Access and Inclusion Model (AIM), that is supporting more than 9,000 children with a disability to access the ECCE programme this year, with AIM now expanded beyond the ECCE programme, where ECCE children are now benefitting from AIM support outside the ECCE programme hours, both in term and out; — Equal Start, the funding model and set of universal and targeted measures to support access to, and participation in, early learning and childcare for children and their families who experience disadvantage, with 770 services designated as priority settings in receipt of targeted supports this year; — Core Funding, with an allocation of €331 million in the third programme year towards operating costs (pay and non-pay) of providers to support; — the introduction of a new fee management system, which in years 1 and 2 meant no increase in fees since September 2021 and in year 3 means the continuation of the fee freeze for a majority of providers, as well as a fee increase assessment process and a maximum fee cap; — the introduction of targeted measures for small services, including a flat rate of €5,000 for services registered on the Tusla Early Years Register as sessional only and a minimum Base Rate allocation of €14,000 for centre-based services; and — the introduction of two Employment Regulation Orders for the Early Years Services Sector, which came into effect in September 2022 and June 2024 providing minimum hourly rates of pay for early years educators and school-age childcare practitioners, increasing the wages of an estimated 73 per cent and 53 per cent of those working in the sector; acknowledges that the allocation for the fourth year of this scheme, which will exceed €390 million, contingent on updated Employment Regulation Orders, will bring further investment into the sector; acknowledges and welcomes the major progress in implementation of the National Action Plan for Childminding (2021-2028), with the commencement of the Child Care Act 1991 (Early Years Services) (Childminding Services) Regulations 2024 and relevant sections of the Child Care (Amendment) Act 2024 making it possible for childminders to start applying to Tusla to go through the registration process and once registered by Tusla to apply to take part in the NCS; further acknowledges and welcomes the latest data from a range of sources that shows capacity in the early learning and childcare sector is increasing in terms of the number of places and hours of provision that services are offering, the number of places opening, the number of staff in the early learning and childcare workforce and the number of parents supported through the various schemes and the numbers of children benefitting, with: — data from the Early Years Sector Profile Survey showing that, between 2021/22 and 2023/24, the estimated number of enrolments in services rose by 19 per cent from 197,185 to 234,597; — core funding application data showing that between Year 1 (from September 2022-August 2023) and Year 3 (from September 2023-August 2024) of the scheme, annual place hours increased by 15 per cent; — data from Tusla on service closures and new service registrations showing a net increase of 226 in the overall number of services in 2024 and a six-year low in the number of service closures; — data from the Early Years Sector Profile Survey showing that, between 2021/22 and 2022/23, the estimated number of staff in the early learning and childcare workforce rose by 8 per cent from 34,357 to 37,060; and — data from the NCS showing that since May 2022, there has been a 136 per cent increase in the number of providers offering the Scheme and a 330 per cent increase in the numbers of children benefitting from the Scheme; also acknowledges that there continues to be evidence of some families having difficulty finding appropriate places at a cost that is affordable and that despite progress in recent years owing to intervention by the State, the sector remains a low-paid one; and welcomes: — the commitment by Government to a reduction in fees paid by parents to €200 per month over its lifetime; — the ringfenced allocation of €45 million to increase the pay of early years educators and school-age childcare practitioners this year through updated Employment Regulation Orders, with a commitment by Government for further progress in this area; — the transformation of the Supply Management Unit into a Forward Planning and Delivery Unit, with important work underway in that Unit to develop a forward planning model and explore options to introduce public provision to operate alongside private and community providers where there are shortfalls in capacity; — the commitment to develop an Action Plan to 'build an affordable, high-quality, accessible early education and care system with State-led facilities adding capacity', with the scope of the Action Plan, the design of a comprehensive stakeholder consultation process to underpin it and the principles that should guide the delivery of this work well advanced; and — while noting that further developments and investment are required, Dáil Éireann recognises that there are many positive and progressive elements to the current early learning and childcare sector and acknowledges the pathway for improving access, affordability and quality is set out in the new Programme for Government.".”
“I conclude by saying Grace and all the other children, young people and families involved in this inquiry must be at the forefront of our thoughts at all times and must influence our actions today, tomorrow and beyond.”
“A high-level report outlining the strategic working group's work to date and providing an independent and objective assessment of the safeguarding structures and procedures in place in disability services in community healthcare Cavan, Donegal, Leitrim, Monaghan and Sligo was requested from Colm Lehane, the independent chair , in 2024. I expect to receive a report on the matter in the coming weeks. I appreciate my time has run out but I want to say I welcome the sincere and heartfelt contributions from everyone here and in wider society. I assure Deputies we are mindful of the job of work that needs to be done. Much has been achieved but I am under no illusions: an awful lot more needs to be done in this space.”
“These recommendations include new duties and responsibilities to improve the accountability of those charged with looking after a specified category of at-risk adults, that is, vulnerable people who need to be protected. Deputies also mentioned the importance of adult safeguarding in the context of other previous cases. The Brandon report into the sexual abuse of intellectually disabled residents at a HSE-run care facility was truly shocking. It outlined several recommendations, including the establishment of a strategic working group tasked with the development of a new vision for disability services in the area.”
“This new policy on adult safeguarding is being developed in consultation with my Department and I understand from the Department of Health that it will be brought before Government in the coming months. The preparation of related underpinning legislation will commence immediately thereafter. The commencement of the Assisted Decision-Making (Capacity) Act 2015 in 2023 enhances protections and safeguards around decision-making for vulnerable adults lacking capacity. The Law Reform Commission's report, a regulatory framework for adult safeguarding across all sectors, was published in 2024 and accompanied by draft legislation in the form of a civil adult safeguarding Bill and a criminal justice (adult safeguarding) Bill. The report sets out a range of recommendations for future Government consideration with regard to adult safeguarding.”
“There has also been strong progress made regarding mandatory reporting of all suspected abuse of children, be it physical, sexual, emotional or neglect. I recognise, however, that many Deputies, organisations representing people with disabilities, and groups like the Irish Association of Social Workers have flagged the lack of mandatory reporting for the abuse of vulnerable adults. I agree we need robust adult safeguarding legislation with mandatory reporting to protect vulnerable adults. This falls within the remit of the Department of Health, which is currently developing a new policy on adult safeguarding in the health and social care sector to cover the full spectrum of healthcare and social care services.”
“It inspects residential services and centre-based respite services. The development of a HSE adult safeguarding policy in 2014, which covers all services and settings, was an important development in adult safeguarding. A national safeguarding office was established in 2015 and safeguarding protection teams across all the HSE's community health organisations were introduced to provide community safeguarding responses as well as quality assurance, oversight and advisory support to the HSE and funded service providers on safeguarding matters. The HSE published an independent review of its policies and procedures last year. This has led to the introduction of a chief social worker in the HSE for the first time, who is driving the implementation of the recommendations in this report.”
“Tusla has assured me there is a vetting and inspection process for the providers of these special emergency arrangements. Staff in the special emergency arrangements must be Garda vetted before any child is placed there. Young people in special emergency arrangements are visited weekly by a social worker or delegated person to have their voice heard and check on the care being provided. Tusla is working with the providers of special emergency arrangements with a view to converting them into registered and regulated service providers, thus making them subject to independent HIQA inspections. Tusla has advised that four services have successfully obtained a registration in this manner to date, with a further 14 applications under assessment. HIQA also has an important role regarding adult safeguarding.”
“Collectively, these steps represent a significant shift in the way we treat children who require the care of the State, who have a right to be protected by the State and rely on us to do so. Several Deputies expressed concern about the care and monitoring of children who are being looked after in special emergency arrangements which are not registered for the purposes of inspection by HIQA. The use of special emergency arrangements has been necessary due to an unprecedented number of child protection referrals to Tusla and a surge in unaccompanied minors into the State from Ukraine and other non-EU countries. This has increased the demands on Tusla in securing available accommodation. There are currently 151 children in special emergency arrangements, of whom 104 are separated children seeking international protection.”
“While it is never possible to say with 100% certainty that a safeguarding issue could not occur in any setting in the future, there has been a marked change in the way we as a country operate in respect of child safeguarding, both in terms of the way vulnerable children are looked after when in the care of the State and the manner in which vulnerable adults with disabilities are cared for in the range of services available to them. With respect to vulnerable children in the care of the State, safeguarding has become a priority for these children, both from a legislative and policy perspective. We have seen the significant steps that have been taken, from the development of foster care standards to the creation of the Ombudsman for Children's Office and HIQA, the establishment of Tusla and the commencement of the Children First Act.”
“The Farrelly commission's final substantive report found there was an absence of oversight and monitoring of Grace in her placement by the South Eastern Health Board and the HSE, and that there was a fundamental failure of their duty of care to Grace in the circumstances. I know Deputies have asked what accountability will follow on foot of the publication of this report. The report has been sent to all necessary State bodies, including the HSE and Tusla, which took over responsibility for child and family services from the HSE when it was established in 2014. The HSE and Tusla are considering the report in detail and will be taking any action required on foot of its findings.”
“The commission's conclusions of its statement on part X indicate 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. The circumstances of Grace's case were truly unacceptable and rightly caused great concern when they came to public attention. I again pay tribute to the whistleblowers who made protected disclosures relating to the handling of Grace's case. Their courage and persistence were instrumental in her finally being moved out of the foster home where she had been for 20 years.”
“One of the commission's terms of reference, known as part X, relates to whether the facts and information gathered in the course of the inquiry warrant scope for any further work the commission could undertake in the public interest. This involved 47 cases where other children had stayed with Mr. X and Mrs. X in their home as part of fostering or respite arrangements. The commission states in respect of part X of its terms of reference that there were no prosecutions recommended by An Garda Síochána or directed to be taken by the DPP in the case of any of the 47 service users.”
“For the information of the House, I have also arranged to meet with Caoilfhionn Gallagher, the special rapporteur on child protection, to discuss the concerns she raised following the publication of the Farrelly commission's report. I acknowledge that many Deputies have expressed a desire for an executive summary of the Farrelly commission's final substantive report. I have indicated that an executive summary would have allowed greater accessibility for those impacted by the report and indeed for the public at large. The commissioner's view, however, is it would have been impracticable to provide an executive summary, having regard to the detailed factual background derived from the evidence contained in its three substantive reports. That is the view of the commission.”
“The commission further confirmed its view that all steps were duly taken in considering submissions received, including those made on behalf of Grace. I note that several Deputies have called for a new model of inquiry into matters of significant public concern in the future. The Commissions of Investigation Act 2004 was introduced to provide a faster and more cost-efficient method of public inquiry following concerns about the length of public tribunals. I have asked officials in my Department to identify any possible learnings from the Farrelly commission regarding a future model for public inquiries, particularly for people with disabilities.”
“Regarding the engagement I had with the General Solicitor, she confirmed that the purpose of the meeting with her was to ensure that I, as Minister, was aware that she had made considered and extensive submissions on the draft report on behalf of Grace to the commission of investigation prior to publication of the final report. The General Solicitor highlighted potential learnings for investigations in the future into issues involving people with disabilities. The General Solicitor was clear that management of the submissions she made to the commission remains a matter for the commission itself. Separately, I received correspondence from the commission of investigation, stating that it had fully discharged its obligations under section 34 of the Commissions of Investigation Act 2004.”
“As the House will be aware and many Deputies referred to, I met the General Solicitor for Minors and Wards of Court, Grace's legal adviser, recently. The General solicitor has a number of functions in respect of vulnerable persons and acting under the direction of the President of the High Court, is responsible for the legal, personal and financial affairs of Grace. The General Solicitor confirmed that Grace is happy and is living a meaningful and fulfilled life. The General Solicitor further confirmed that Grace is well looked after and there is regular oversight of her care in her home, including by the President of the High Court.”
“Gabhaim buiochas leis an Cathaoirleach Gníomhach as ucht an ama agus an deis seo a thabhairt dom. I thank all the Deputies who have contributed to this debate on the final substantive report of the Farrelly commission. I intend to respond to as many of the issues raised as I can. I must emphasise that the commission of investigation is an independent statutory commission, empowered to investigate matters of significant public concern, possessing robust investigative powers, and, by design and by law, exercising its functions and powers independently of Government, the Minister and the Department. This is as it should be. The very essence of an inquiry is that it should not be subject to political interference.”
“Throughout this very dark and distressing episode, the one beacon of hope has been the confirmation that Grace is now living an extremely happy life and is well cared for and well minded. It is my fervent hope that what Grace endured during those terrible years will never be forgotten and that she herself will continue to thrive and triumph.”
“It also stipulates that the draft report must be accompanied by a notice from the commission specifying the time allowed for making submissions or requests. The commission further confirmed its view that all steps were duly taken in considering submissions received, including those made on behalf of Grace. Is scéal uafásach an méid a tharla do Grace ach tá an-chuid foghlamtha againn ó thaobh cosaint daoine óga, go háirithe daoine míchumasacha agus leochaileacha. Bíonn gá ann i gcónaí daoine mar seo a chosaint agus aire ar leith a thabhairt dóibh. Anois tá Tusla, HIQA, an tOmbudsman do Leanaí agus rialacha nua agus tacaíochtaí ann chun an aire sin a chur i gcrích, ach tá orainn a bheith faireach an t-am an fad.”
“The General Solicitor also highlighted potential learnings for investigations in the future into issues involving people with disabilities. In the meeting, the General Solicitor indicated that Grace is extremely happy and is living a meaningful and fulfilled life, supported by a small team who are very committed to her well-being. For the information of the House, I also received correspondence yesterday afternoon from the commission of investigation stating it had fully discharged its obligations under section 34 of the Commissions of Investigation Act 2004. This section outlines that before submitting the final or an interim report to the specified Minister, a commission shall send a draft of the report, or the relevant part of the draft report, to any person who is identified in or identifiable from the draft report.”
“We must all work together, including Departments, the HSE, Tusla, all State agencies and the wider community, to be better and to do better to ensure there is a focus on continually enhancing safeguarding across all services and indeed society. I sent a notification to the ward of court to alert Grace's representatives that I would publish the final substantive report. I also inquired about Grace's general well-being. In response, the General Solicitor, as committee of Grace, advised that they have arranged for regular reviews of Grace's care in a residential home by independent social workers. I met yesterday the General Solicitor for Minors and Wards of Court, who confirmed that considered and extensive submissions were made on behalf of Grace to the commission of investigation.”
“Following the publication two weeks ago of the commission's final substantive report, I intend to undertake an expert-driven, non-statutory safeguarding exercise. This will identify learnings from the commission's findings to inform present-day safeguarding policies and practices. Officials in the Department are currently seeking to identify an appropriate expert 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 will be invited to participate in this exercise, to share their lived experience, if they wish to do so. Safeguarding remains everybody's business.”
“This includes the development of foster care standards; the creation of the Ombudsman for Children's Office; the establishment of HIQA; the establishment of Tusla, the Child and Family Agency; and the commencement of the Children First Act. From an adult safeguarding perspective, since these events occurred the HSE has introduced a national policy for safeguarding vulnerable persons at risk of abuse, established a national safeguarding office and safeguarding protection teams, and most recently has undergone an independent review of its safeguarding policies and procedures which has led to the appointment of a HSE chief social worker for the first time. In addition, the Department of Health is currently developing an updated policy on adult safeguarding in the health and social care sector.”
“In particular, I would like to say a word of gratitude to the Chair at the time, Deputy John McGuinness, and former TD, John Deasy. There will be others in the Chamber today who were members of the committee and did such sterling work. The circumstances of Grace's case, which began in the 1980s, are heartbreaking and harrowing and without doubt had a devastating impact on her quality of life. It goes without saying that what Grace experienced was both unconscionable and utterly unacceptable. I confirm that since this case came to light, significant changes have been made to help safeguard against circumstances like these ever occurring again. With respect to vulnerable children in the care of the State, the landscape concerning their treatment has radically changed.”
“Following extensive consideration of these matters by the Department of children 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 2 of the commission of investigation. I pay particular tribute to those who stepped forward and made protected disclosures relating to the handling of Grace's case. Their courage and persistence were instrumental in her finally being moved out of the foster home. I would also like to acknowledge the work of all the members of the Dáil's Committee of Public Accounts in highlighting and indeed pursuing Grace's case. Deputies Cullinane and Connolly were members of that committee and I acknowledge their contribution.”
“The commission's statement on the part X conclusions indicates that there is an absence of information in the possession of the commission identifying issues for further investigation. This is with respect to matters to do with the role or conduct of public authorities in respect of seven cases identified, akin to the types 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. The commission states that there were no prosecutions recommended by An Garda Síochána or directed to be taken by the DPP in the case of any of the 47 people referenced in the statement on part X.”
“I remain of the view that an executive summary would have allowed greater accessibility to those impacted by the report and, indeed, the public at large. However, for the information of the House, the commission's view is that it would have been impracticable to do so, having regard to the detailed factual background derived from the evidence contained in its three substantive reports, which collectively amount to around 2,800 pages. One of the commission's terms of reference, known as part X, relates to whether the facts and information gathered in the course of the inquiry warrant scope for any further work the commission could undertake in the public interest. That information included 47 cases where other children had stayed with Mr. and Mrs. X in their home as part of fostering or respite arrangements.”
“The commission's report found that the general absence of oversight and monitoring of Grace in her placement by the South Eastern Health Board and the HSE inevitably permitted the areas of neglect established in the evidence to develop or persist over time, more or less unchecked. This was a fundamental failure of their duty of care to Grace in the circumstances. The commission further highlights shortcomings by the South Eastern Health Board in the investigation of sexual abuse allegations made against Family X and the lack of proper consideration to the position of Grace and her care in that context. The commission of investigation has gathered 312,000 pages of documentation over the course of eight years, with the final report running to almost 2,000 pages.”
“The commission tells us the evidence to it did not establish neglect of Grace in the provision of food and sustenance to her over the years she lived with Family X. The commission records it is not satisfied that the evidence was such as to establish that marks or bruises sustained by Grace were as a result of her having been subjected to physical abuse. The commission states the evidence did not establish that Grace had been subjected to sexual abuse over the years she lived with Family X. Further, the commission states it is not satisfied that evidence provided established or supported a finding that there had been emotional abuse of Grace. The commission makes a number of findings in the final substantive report about decision-making in respect of Grace's care throughout the period July 2007 to March 2010.”
“The commission submitted two substantive interim reports on its investigation to the Department of Health, which were published on 1 October 2021. The commission's findings on the extent to which Grace suffered any abuse are as follows. There is a finding of serious neglect on the part of Mrs. X in regard to the lack of attention to Grace's dental care. There is a finding of neglect on the part of Mrs. X in not ensuring that Grace attended the day centre more regularly and more consistently. The commission is satisfied there was neglect in the standard of care provided by Mrs. X to Grace, based on evidence given in relation to Grace's clothing and personal hygiene. The commission states there was a level of financial mismanagement or abuse by Mrs. X of Grace's disability allowance in breach of her duties as agent.”