Anger overdelays in ‘Grace’ inquiry

Anne Rabbitte TD, Minister of State at the Department of Children, Equality, Disability, Integration and Youth.

There is mounting anger in Government as the State Commission of Investigation into the ‘Grace’ foster abuse case seeks yet another time extension to conclude its work.

Described as "the greatest scandal of our time" in the Dáil, the commission is probing the 20 years of neglect of Grace, an intellectually disabled woman placed in a foster home in the southeast of the country.

The sole member of the Commission, Senior Counsel Marjorie Farrelly has written to Health Minister Stephen Donnelly and junior minister Anne Rabbitte saying that because of evidence being contested, hearings have taken longer than expected.

The ministers are to meet in the coming days to discuss the response to Ms Farrelly but sources have said Ms Rabbitte in particular is "pretty pissed off" about how long it is taking. The reality is they are not going to let the Commission, in place since 2015, collapse.

Ms Farrelly has made it clear that legal disputes have broken out as evidence is being challenged.

“The issues are sensitive. For the most part, the evidence has been contested at hearings either directly by the parties concerned or by their legal teams,” Ms Farrelly said.

“Important professional and personal reputational issues are at stake for witnesses and for organisations,” she added in her letter, seen by the Irish Examiner.

Senior Counsel Marjorie Farrelly has written to Health Minister Stephen Donnelly and junior minister Anne Rabbitte saying that because of evidence being contested, hearings have taken longer than expected.

Ms Farrelly said the Commission is most concerned to evaluate the evidence and to write its report carefully by reference to the evidence given and in fairness to all parties.

“I would like to impress upon you that a substantial amount of work has been done by Commission in its consideration of the evidence and in the writing the remaining volumes of its report,” Ms Farrelly said.

Ms Farrelly in her letter said the Commission is still in the position of completing its draft chapters and getting these ready for circulation to parties.

"I consider that a number of months will be required by some of the parties as to allow them reasonable time to study them and make their responses."

Ms Farrelly said once the responses of the parties entitled to read the drafts are received by the Commission, the Commission will consider these responses and deal with them.

In a somewhat pointed paragraph, Ms Farrelly said: "You will recall that the Commission last sought an extension of 18 months based on the time estimated at that stage to complete its work."

Given the frustrations in Government as to the length of time, an extension of 12 months was granted.

Ms Farrelly in her letter to the minister says that in light of the current circumstances additional time will be required for the Commission to complete its work.

A DPP decision earlier this year not to prosecute the HSE over the foster home care of an intellectually disabled woman known as Grace has dismayed the family of another intellectually disabled woman who spent time in the same home as a child.

“We have been left with more questions than answers,” according to Claire, a sister of Sarah (not their real names).

She is concerned the decision in Grace’s case may mean “the end of the road” in terms of investigating what happened to Sarah and other children in the foster home.

“My family want an acknowledgement of what happened to Sarah, an apology, accountability from those in charge.” Sarah shared a bed with Grace when Sarah was in the foster home in the south east for some two years in the early 1990s. 

Sarah stayed there during the week to facilitate her daily attendance at a special needs school and returned home to her family, who lived some distance away, at weekends.