No excuse for delay on ‘Grace’ inquiry and bill

The Government must progress the introduction of new laws to protect vulnerable adults with a much greater sense of urgency than it has shown in bringing this inquiry to life, writes Daniel McConnell, Political Editor

Who cares for those who can’t care for themselves? Who speaks for the voiceless? Who protects those unable to protect themselves?

The obvious answer is the State. But it seems that is not the case.

Over the past two years, the Irish Examiner and a small number of other media outlets have revealed the shocking sexual abuse and neglect of up to 47 intellectually disabled young adults at a foster home in Waterford. One of those involved is the woman who has come to be known as ‘Grace’.

Another woman, who is nonverbal, was raped anally with implements over a prolonged period of time at the home.

All of this had been medically attested and confirmed. Today, this young woman cannot be operated on because so much damage was done that to operate would threaten perforation of her bowel, which might kill her.

While an inquiry into what happened has been long promised, it has yet to come out.

Minister of state for disabilities Finian McGrath is blaming the HSE for delaying him in launching a State inquiry into what happened, but he, too, is under mounting criticism over the delays.

All the while, moves by those who blew the whistle have continued to try and ensure that what happened to Grace and others can never happen again.

On November 2, Fine Gael TD for Waterford John Deasy chanced his arm. He took to his feet on a barely relevant bill being debated and again blew the whistle.

Mr Deasy, who has been to the fore of uncovering the Grace scandal, highlighted the lack of protections for vulnerable adults.

“While there is legislation that protects children from abuse and neglect, which is what the bill is all about, there is no corresponding legislation for adults,” said Mr Deasy.

“It is not an offence to neglect, emotionally abuse, or starve a vulnerable adult unless the result is significant harm or death.

“If what happened to some of these people had happened to a dog, there would be a greater chance of securing a conviction, given that Ireland, in some circumstances, affords greater protections to animals than to adults with disabilities.

“It is easier to secure a conviction for animal cruelty, and those responsible can receive legal penalties which include prohibition from caring for animals.

“There is nothing in the Statute Book that could have prevented certain individuals from continuing to care for people with disabilities for 20 years after the allegations came to light, or to prevent them from doing so today.”

The speech was reported on the front page of this newspaper and got subsequent media coverage and, as a result, Mr Deasy secured a meeting with Health Minister Simon Harris.

“I and others involved in this felt appealing to the junior minister involved [Mr McGrath] to be a complete waste of time so I sought a meeting with Harris. He got it immediately,” Mr Deasy said last night.

So, on foot of the meeting with Mr Deasy, Mr Harris told his officials to examine what would be entailed in bringing in a similar law for vulnerable adults to the one that exists for children.

So, it has emerged that Mr Harris is to request the Law Reform Commission to lay out a road map for legislation, and is keen for it to report back quickly.

While simple in principle, the actualities of amending the legislation is complex and it is understood the process could take a couple of years to see to its conclusion.

Mr Deasy, who is impatient for progress, seems content enough to see the matter referred to the commission, but is ready to pounce if any delays emerge.

“This has to be expedited as much as possible,” said Mr Deasy.

“Laws exist to protect you if you are 17 years and 11 months but if you are 18 years and one day, there is nothing. That cannot be allowed to stand.”

Almost 11 months on from when a Government inquiry was promised, we still have nothing.

Mr McGrath, as minister, is being frustrated by the HSE which has refused to publish two reports into the Grace Scandal.

Kilkenny TD John McGuinness, former chairman of the Public Accounts Committee said: “The establishment want all of this to go away — Grace, the other 46 who went through that nursing home. This is not just about Grace, it is far larger than that. Finian McGrath said he would not be stopped by the HSE, but he has been stopped.

“It is shocking and disgraceful what has been allowed to go on. In any other country, people would be in court or in jail.”

The Government must progress the introduction of new laws to protect vulnerable adults with a much greater sense of urgency than it has shown in bringing this inquiry to life.

Those at the heart of this scandal deserve nothing less from the State, which has completely let them down and exposed them to horrors that most people could barely imagine.