Plans to quiz Tony O’Brien over Grace scandal could be blocked

Plans to force HSE director general Tony O’Brien to address concerns that he and others misled a Dáil committee over the Grace scandal last year could be blocked because the inquiry into the case is now in place.

The claims were raised during a 90-minute behind closed doors discussion yesterday.

The Dáil and Seanad have signed off on expanded terms of reference for a commission of investigation into the Grace foster abuse scandal, which is expected to cost €5m.

The new terms include an examination of what happened to Grace within a year, with an interim report after six months; what happened to 46 others at the home within two years; and claims of a cover-up spanning from 1996 to 2016.

Addressing the changes in the Dáil, Disabilities Minister Finian McGrath said “we are all on the same side”, and that the sole intention is to find out what happened.

However, while the formal confirmation the inquiry has been established, it means attempts by the cross-party PAC to grill Mr O’Brien over his comments in a fortnight’s time are now unlikely.

At the start of the PAC meeting with the HSE on unrelated financial matters yesterday, committee chair and Fianna Fáil TD Sean Fleming said he wanted to know why Mr O’Brien told the PAC last year the 2012 Conal Devine report could not be published at the request of gardaí.

It later emerged no formal request to publish the report was made until 2015.

In addition, he noted Mr O’Brien told the PAC during the meeting in February 2016 that he was not aware individuals at the centre of the case who have left the HSE were still working in the public service. It later emerged six are working with Tusla.

Mr O’Brien declined to respond immediately to the questions as the meeting was meant to be specifically on financial issues.

After a 90-minute private meeting and separate talks with Mr McGrath, the PAC asked Mr O’Brien to respond to the committee in writing within seven days and in person within 14 days.

However, sources last night confirmed this is unlikely to be legally allowed, as a committee cannot examine any issues relating to a commission.

Meanwhile, despite welcoming the expansion of the inquiry terms, the whistle-blower who raised the concerns said she is still concerned it will fall short of what is needed.

Specifically, the whistle-blower believes the fact the new terms may still not go far enough to investigate cover-up claims and the lack of both the Grace and 46 other cases being examined at the same time for context is cause for concern.