Red tape means justice delayed is justice denied for ‘Grace’

Six months after plans were announced to set up a State inquiry into the ‘Grace’ abuse scandal, the case still faces delays, writes Political Reporter Fiachra Ó Cionnaith

ON FEBRUARY 3, in the final moments before the general election campaign began, Taoiseach Enda Kenny told the Dáil his government would get to the bottom of disturbing claims of decade-long sexual abuse in a state-run foster home.

During a debate on plans to establish a commission of investigation into the ‘Grace’ case, an incident involving the alleged abuse of a mute woman with severe physical and intellectual disabilities, Mr Kenny said such an inquiry was needed to find out what happened at the home.

“Those who left her to her fate pressed the mute button on her young life and her appalling experience,” he said. “Was the system blind, was the system deaf? Did the system possess so little awareness and so little accountability that it could become a stone to Grace?

“The commission of investigation, I expect, will answer these questions. It will get the answers the people need.”

The comment was a fair and honest reflection of the views held across the political spectrum, with all parties publicly stating both before and after the election that they will support an inquiry being set up.

It also underlined the belief any investigation would be prioritised due to the gravity of the claims involved.

However, six months on from such a clear statement of intent, Grace and those representing her are still waiting for such a commission of investigation to be established and the answers they want it to provide.

The reason for the delay is seemingly wrapped up in complicated legal red tape. However, at its core it is surprisingly straightforward.

In order for the Government to set up a commission of investigation, they must wait for an independent report on the scandal — and specifically whether there were attempts by senior HSE officials to cover it up — from senior counsel Conor Dignam.

And, while the report is practically completed, the latest in a series of delays last weekend means any possibility of its recommended commission of investigation terms of reference being put to the Cabinet before its final meeting today has now been extinguished, delaying the inquiry until the autumn.

In the immediate aftermath of the general election, Mr Dignam was given until early April to complete his report into whether two HSE-commissioned investigations had adequately addressed the issues raised by the Grace scandal, including claims that the case was covered up.

Mr Dignam had initially been given until last Christmas to complete this scoping exercise, before being given an extension until April by then minister of state Kathleen Lynch.

However, while he initially believed the work could be completed by this date, when April came it was agreed to push out the deadline until June due to the scale of the issues that were being uncovered.

By June, new Disabilities Minister Finian McGrath was expected to get the report, allowing him to put Mr Dignam’s recommended terms of reference for a full scale commission of investigation to the Cabinet — an issue that numerous sources said would be little more than a rubber-stamping exercise before the State inquiry was set up.

However, due to the amount of work involved, the deadline was delayed until early July, before being pushed out further again to last weekend.

While the report is now practically complete and Mr McGrath had drawn up a memo for today’s Cabinet meeting, due to the need to allow individuals referenced in the file to have space for a right of reply, its release to the minister has been delayed again until August 2.

And while the seven-day extension is in itself only a short-term issue, it means agreement on the terms of reference for a commission of investigation into the disturbing abuse case will not be made today at Cabinet — which means no inquiry will be set up until at least September.

Speaking to the Irish Examiner last night, Mr McGrath said he understood the legitimate legal reasons why Mr Dignam must approach with caution, but admitted his frustration at the situation and stressed that the establishment of the inquiry must be prioritised.

It is a position that this sentiment is similarly echoed from both the Government and opposition parties.

However, for those representing Grace, it is another frustrating delay in a case that appears to be facing delay after frustrating delay with no clear end in sight.

Seven years on from first raising the case with authorities, they remain in the dark over when they will receive the answers they don’t just, as Mr Kenny said on February 3, need, but deserve.

“We are very disappointed with the delays to the Dignam report,” the whistleblower who first raised the Grace case said yesterday.

“We wrote to the minister on July 5 expressing our dismay at the delays and lack of communications regarding publication of the report.

“I look forward to seeing the terms of reference and hope they encompass the broad range of concerns regarding this case, including the allegations of a cover-up by the HSE of its failings in this case.”