Grace: Children's minister meets head of abuse victim's legal team after 'worrying' intervention

Grace: Children's minister meets head of abuse victim's legal team after 'worrying' intervention

The general solicitor confirmed to minister Norma Foley, above, that 'the purpose of the meeting was to ensure the 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.' File picture: Sasko Lazarov

The Taoiseach has described an intervention from the legal team that represented 'Grace' in a commission of investiagtion as "very serious" and "worrying".

In an unprecedented move, the general solicitor for minors and wards of court Marie-Claire Butler, issued a statement claiming none of the "extensive" submissions made on behalf of Grace were included "in any way" in the final outcome of the €13m Farrelly Commission investigation.

Children's minister Norma Foley has since met with Ms Butler who suggested that "learnings" must now be made for investigations in the future into issues involving people with disabilities.

The commission of investigation found a "fundamental failure" by the South Eastern Health Board and the HSE in their duty of care to the severely intellectually disabled young woman, who is now in her 40s.

However, the Farrelly Commission concluded that it was "not satisfied" that the level of evidence was such to fully establish sexual, emotional or physical abuse of Grace during her time in the foster home in the south east of the country.

Submissions on behalf of Grace not included

The report stated that, owing to her disability and lack of speech, evidence from Grace was not available to the commission and it relied on hearing the evidence of other people and through considering records and documentation.

However, in a statement issued on Tuesday, Ms Butler said she "feels it is in the public interest and in the interest of Grace" to make it known that prior to the publication of the final report of the Farrelly Commission, the legal team appointed by the general solicitor made "considered and extensive submissions" to the commission on behalf of Grace. She said: 

It appears that these submissions have not been included nor referred to in any way in the report.

In the Dáil, Micheál Martin described the development as "very serious" but added that "we are in very challenging territory because of the legal framework governing the establishment of the commission."

"I've made the point generally that the Commissions of Investigations sometimes don't give the closure or don't give the outcome that people expect, and correctly expect. So this is worrying," Mr Martin said in response to Social Democrats TD Liam Quaide.

Farrelly Commission will not respond to media

The Irish Examiner sought a copy of the submissions as well as a comment from the commission, however a spokesperson stated: "The Farrelly Commission will not be responding to press queries in relation to its reports."

During her meeting with Norma Foley, Ms Butler outlined how Grace is happy and living a meaningful and fulfilled life.

"The general solicitor confirmed to the minister that the purpose of the meeting was to ensure the 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 was clear that management of the submissions it made to the commission remains a matter for the commission itself."

Oireachtas disability committee chairman Maurice Quinlivan now intends to probe the "failings" of the Farrelly report.

"Marjorie Farrelly, the author of this report, needs to bring clarity to the alleged omissions in her findings. These allegations are damning and need to be properly examined and explained," he said.

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