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'Grace' report: More questions after unprecedented statement

Conclusions have over the past fortnight resulted in significant criticism from Government, opposition parties, campaign groups and whistleblowers who were originally involved in uncovering the case (Stock image)
Conclusions have over the past fortnight resulted in significant criticism from Government, opposition parties, campaign groups and whistleblowers who were originally involved in uncovering the case (Stock image)

Questions are still being asked about the findings of the near decade-long Farrelly Commission investigation into the 'Grace' foster home abuse case, two weeks on from its publication.

That is not just due to Dáil statements on the report being scheduled for this Thursday - a bombshell legal statement has instead been the trigger to push the controversy back into the public spotlight, coincidentally on the same day as TDs returned from their Easter break.

The commission, which was chaired by its sole member, Senior Counsel Marjorie Farrelly, was established in spring 2017 and tasked with examining long-standing and serious allegations of physical, sexual and financial abuse, as well as disputed claims of a cover-up of what happened.

The €13.6m commission found some evidence of financial abuse and accepted that there was an "absence of oversight and monitoring of Grace" - a young woman with severe intellectual and physical disabilities who was unable to speak and had been inadvertently left at the home more than a decade after placements ended due to safety concerns.

But, crucially, it said decades-old evidence did not establish that Grace had been subjected to sexual or physical abuse due her time in the home in the southeast, and did not make findings against several named HSE and then health board officials who were meant to oversee her care.

Over the past fortnight those conclusions have resulted in significant criticism from the Government, opposition parties, campaign groups and whistleblowers who were originally involved in uncovering the case.

That list was extended to include the High Court's general solicitor for minors and wards of court, who in a rare - indeed, among some legal experts unprecedented - move publicly commented on the commission's findings, saying its own views needed to be made public.

In a short, precise seven-sentence press release this afternoon, the general solicitor Marie Claire Butler said that after examining the Farrelly Commission's extensive report, which amounted to almost 2,000 pages, she too has concerns.

Chief among them, what she described as how her office's "considered and extensive" submissions to the commission were "not included or referred to in any way" in the report - an issue she said needed to be publicly aired.


"The general solicitor for minors and wards of court is the High Court appointed committee for Grace," the statement from the general solicitor read in full.

"As committee, the general solicitor is responsible for the legal, personal and financial affairs of Grace, acting under the direction of the President of the High Court. She wishes to release this short statement in relation to the recently published commission of investigation report.

"The general solicitor feels it is in the public interest and in the interest of Grace that it is confirmed that Grace was represented at the commission of investigation by senior counsel, junior counsel and solicitor (during the various dates that were permitted by the commission).

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

"The general solicitor cannot discuss or comment further on this or any other case due to the confidential nature of Wardship.

"This statement on behalf of the General Solicitor is being brought to the attention of the media as it is her belief that it is in the public interest to do so."


That statement from a legal office which is exact with its choice of words - and its key final line that it is "in the public interest" that the situation is emphasised – has, at the time of publication, yet to result in a response from the Farrelly Commission, which has so far not responded to a request for comment from RTÉ News.

Norma Foley said the latest concerns raised pose more questions for the commission

However, the statement has already provoked a response in political and campaign circles. And one which is likely to gain more focus over the coming days.

In a statement, a spokesperson for Minister for Children, Equality, Disability, Integration and Youth Norma Foley said the latest concerns raised pose more questions for the under-fire commission.

The spokesperson confirmed the minister will arrange a meeting with the general solicitor, saying:

"The general solicitor for minors and wards of court, who is the High Court appointed committee for Grace, has requested a meeting with Minister Foley. The Minister is now arranging to meet with her to discuss the concerns she has raised."

That request for answers has also been shared by opposition parties, including the Social Democrats.

Their disability spokesperson and Cork East TD Liam Quaide said the statement means there are fresh questions over the Farrelly Commission's "rationale".

In a statement, Deputy Quaide said the Farrelly Commission has already been the subject of criticism, adding it is "yet another failure" and called on the commission to answer "very basic questions" at the heart of what caused "appalling treatment at the hands of the State".

He said that "today’s unprecedented intervention by Grace’s legal representative - stating that extensive submissions made by Grace’s legal team are not reflected in the final report - significantly increase those fears".

Arguing Tuesday's "extremely concerning revelation raises huge questions about the findings of the report", Mr Quaide said there are concerns in his view that "the process involved and the rationale for the State effectively silencing Grace’s voice yet again".

His potential solution to the concerns, a view shared privately by a number of other TDs, is that "senior counsel Marjorie Farrelly, the author of the report, appears before the Oireachtas committee for disability matters at the first available opportunity, along with Minister Norma Foley, to answer questions about this report".

Dáil statements on the Farrelly Commission's findings had already been scheduled for this Thursday afternoon, a timetable placement that is not usually associated with prime time political viewing.

But the general solicitor's statement, her now-planned meeting with Minister Foley, and opposition demands for the author of the commission report to appear before an Oireachtas committee mean that scheduled time may now receive more attention than it would otherwise have done.