skip to main content

Norma Foley meets 'Grace' solicitor over report concerns

Grace is the pseudonym of a woman, now in her 40s, who has been in the care of the State all her life (Stock image)
Grace is the pseudonym of a woman, now in her 40s, who has been in the care of the State all her life (Stock image)

Minister for Children, Equality and Disability Norma Foley has met the solicitor who represents the interests of 'Grace', the woman at the centre of the Farrelly Commission of Investigation report.

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

She has profound intellectual disabilities and is non-verbal.

In a statement, Ms Foley said she held a meeting with the General Solicitor for Minors and Wards of Court, Marie Claire Butler.

The meeting comes after the statement issued by Ms Butler yesterday claiming that extensive submissions made to the commission by lawyers representing Grace were not included or referred to in any way in its final report.

Ms Butler is the High Court-appointed representative for 'Grace' and requested a meeting with Ms Foley.

Ms Foley said Ms Butler told her 'Grace' is "well looked after and there is regular oversight of her care in her home, including by the President of the High Court".

"The General Solicitor confirmed that Grace is happy and is living a meaningful and fulfilled life," Ms Foley said.

Ms Foley said Ms Butler told her she 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 minister also said Ms Butler highlighted "potential learnings for investigations in the future into issues involving people with disabilities".

"The General Solicitor confirmed that Grace's legal representation at the Commission of Investigation was paid for by the relevant Government departments and not taken from her legal settlement," Ms Foley said.

"The General Solicitor referenced the settlement made by the HSE in open court in relation to Grace, as was reported on at the time by the media.

"The General Solicitor was clear that management of the submissions it made to the Commission remains a matter for the Commission itself," Ms Foley said.

There has been significant criticism of the €13 million investigation into allegations that 'Grace' was seriously abused while in foster care.

The commission, chaired by Senior Counsel Marjorie Farrelly, found there was a fundamental failure on the part of the South Eastern Health Board and HSE in their duty of care to 'Grace'.

It found evidence of serious neglect and financial mismanagement, but did not find any evidence of sexual or emotional abuse.

A planned second phase of the investigation involving the placement of 47 other children at the same foster home is not now going ahead.

'Grace' solicitor comments on report an 'alarm call'

Earlier, the Special Rapporteur on Child Protection said comments by 'Grace's' were remarkable and an alarm call about this "appalling process".

Speaking on RTÉ's Morning Ireland, Special Rapporteur on Child Protection Caoilfhionn Gallagher said Ms Butler is obviously limited in what she can say for legal reasons.

However, she said, these "serious and extensive concerns" raised by Grace's legal team must now be added to the grave concerns raised by survivors, families, whistleblowers and others involved in the inquiry process.

However, Taoiseach Micheál Martin has said that Ms Foley "is not responsible for the (Farrelly Commission) inquiry or how the inquiry was conducted" and told an Opposition TD "let's not politicise this matter".

Speaking during Leaders' Questions, he told Social Democrats TD Liam Quaide that "we are in very challenging territory" as a result of the legal framework which is in place, including on confidentiality, and described the situation as "worrying" and "very serious".

Ms Gallagher said there needed to be "an inquiry into the inquiry" and a quick-fire review of what went wrong procedurally to ensure it can never happen again.

"She [Grace] was let down over a very long period of time, from 1989 to 2009, for 20 years," said Ms Gallagher.

"When she was in an environment that she should not have been in and 16 years later, she continues to be failed.

"So, for me, I think we've got to look at, first of all, what is going to be done in relation to accountability for Grace and for Grace's family. Second, what is going to be done about accountability and the investigation which never happened in phase two for the other families and survivors."


Read more:
'Grace' report: More questions after unprecedented statement
'Grace' case report unable to establish physical or sexual abuse
Key findings from €13m Farrelly Commission report


Ms Gallagher added that whatever happened next must involve listening to Grace and her advocates.

The last process was re-traumatising, she said, and did not deliver answers and accountability despite costing millions of euro and taking a long time.

She said all eyes were on the Government to see what it could do about the vacuum in accountability and the disgraceful failures in the process.

"It wasn't the Government's own process, but now the ball is in the Government's court to do what it needs to do, to put matters right for Grace and for the other survivors," said Ms Gallagher.

We need your consent to load this rte-player contentWe use rte-player to manage extra content that can set cookies on your device and collect data about your activity. Please review their details and accept them to load the content.Manage Preferences