Grace 'failed by the State', as Taoiseach says report was 'deeply unsatisfactory'

Micheál Martin said there was a need to 'fundamentally reflect on how we're doing these inquiries, the effectiveness of them. And whether there's a better way of getting to the truth'

Grace is the pseudonym of a woman now in her 40s who has been in the care of the State all her life.

The State must "fundamentally reflect" on the effectiveness of inquiries, the Taoiseach has said, after the publication of the Farrelly Commission report into the 'Grace' case. 

Micheál Martin said Grace had been “failed by the State for the totality of her life experience, the absence of fundamental care and of a fundamental caring environment by the State and by the health board at the time, and that's what comes across in a very telling way”.

He said his reaction on reading the report was one of "extreme sadness and anger".

Grace is the pseudonym of a woman now in her 40s who has been in the care of the State all her life. Grace has profound intellectual disabilities and is non-verbal. She resided with Family X between the ages of 10 and 30, a period spanning 1989 until her move to residential care in 2009.

The commission was established in 2017 to investigate the care and protection of 'Grace' and others in a former foster home in the south-east, which had been the subject of abuse allegations.

It ultimately found Grace had been neglected and there was a lack of oversight for her care. However, it said it was not satisfied the evidence established she had been subjected to physical, sexual, or emotional abuse.

Speaking on Newstalk, Mr Martin said there was a need to “fundamentally reflect on how we're doing these inquiries, the effectiveness of them. And whether there's a better way of getting to the truth.”

He said the process had been "far too long" and acknowledged it was “deeply unsatisfactory” for all concerned that some of the “far more serious allegations” which had led to the commission being established, had not been upheld.

While the Government accepted the findings of the commission, he said the Oireachtas “and all involved in public discourse on these matters, really do need a hard think as to the most effective way of getting to the truth".

Mr Martin pointed out that governments cannot interfere with any commission of inquiry or dictate how they operate. However, he felt the entire process of inquires needed to be examined.

It comes as HSE chief Bernard Gloster was asked why a settlement of €6.3m was previously paid by the health service towards Grace following a High Court ruling into the matter.

Mr Gloster was asked on RTÉ's Morning Ireland why the HSE settled with Grace’s family if she was not the victim of “sexual, physical or emotional abuse”.

The HSE chief said he spoke with the director of the State Claims Agency last night, and said: "There was no need to wait for the commission to know that Grace was failed, there was no need to wait for the commission to know she was neglected. 

“We published reports in 2017 that said that.” 

He noted the €6.3m settlement was calculated on “her future care”.

“ It wasn't for the look back of an instant or an outcome. It was for her future care. That's what the size of the settlement is calculated on, and many settlements now, thankfully, in the modern day, not just for people with disabilities, but indeed for people who have adverse outcomes with birth or road traffic accidents. They are based on a modelling of future care and the cost of [the] future,” Mr Gloster said.

Speaking about the report published on Tuesday, he said: “I know there's a lot of anxiety and concern about the findings or what people see as the absence of findings. There are still findings here that are absolutely, truly shocking. Even by the standards of the 1990s.”

HSE chief Bernard Gloster: 'I know there's a lot of anxiety and concern about the findings or what people see as the absence of findings. There are still findings here that are absolutely, truly shocking. Even by the standards of the 1990s.' Picture: Sasko Lazarov / Photocall Ireland

In reference to Grace being left in the foster care home after everybody else was removed, Mr Gloster said he was “not aware of any withholding of information”.

“In fact, before the commission was established, there were allegations of suppression of information. And I think the investigation finds that that was not the case.” 

He said his understanding was “everything that was available” was made available to the commission.

He said there had been six reports into the case of Grace and "every one of them has found shortcomings".

"Even now, 30 years later, I can certainly say I'm satisfied it adds up to what happened here wasn't on the side of what we might call an error or an absence of judgment.” 

When asked what he would say Grace’s mother, he said: “ What happened here was an absolute abject failure. What I can certainly say is that whatever the decision-making process at the time was about the decision to remove and then the decision to leave, that was a very, very bad decision.” 

Mr Gloster reiterated a previous apology to Grace, saying: "My predecessors did apologise to Grace. There can be no question but today that we would sincerely restate that apology to Grace, to her mum, and indeed to the 47 who were comprehended by the various inquiries into this family.”

Asked about allegations the HSE took a heavily adversarial approach to the commission, Mr Gloster said it was not something that has been raised with him since taking the job in 2023.

He said he was assured the HSE had an expectation people conduct themselves well and he had no doubt people were treated fairly by the commission.

Pressed on whether the HSE had refused to provide documents, he added: “I’m aware of one difficulty that the chair of the commission expressed about the availability of some documents, and the HSE team met with the chair well early back in the inquiry, and I think she accepted the bona fides of the position — and all of the documents that could be produced, were.”