Extensive submissions made on behalf of “Grace” to the State-sponsored commission investigating her care were not “referred to in any way” in the final report, her legal representative has said.
The final report of the Farrelly Commission, a long-running investigation into the circumstances surrounding serious allegations of abuse against a severely disabled young woman known as “Grace”, was published two weeks ago.
The 2,000-page commission of investigation report by senior counsel Marjorie Farrelly, which had no executive summary or index, found evidence of neglect and financial mismanagement, but none of sexual or emotional abuse.
On Tuesday, the General Solicitor for Minors and Wards of Court, Marie Claire Butler, issued a statement saying it is in the “public interest” that she should confirm that Grace was represented at the commission hearings by senior and junior counsel and a solicitor.
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Ms Butler said the lawyers made ”considered and extensive submissions to the commission on behalf of Grace“ before the final report was published. She said it appears these submissions ”have not been included nor referred to in any way in the report”.
Ms Butler sought and has been granted a meeting with Minister for Children Norma Foley to discuss her concerns, the Department of Children confirmed.
Ms Butler’s office provides legal representation for young people or wards of court who lack the capacity to make certain decisions.
“Grace”, as she is referred to in the report, was a ward of court for the purposes of the investigations into her treatment at a foster home in the southeast between 1989 and 2009. She is intellectually disabled and non-verbal.
The Farrelly inquiry was supposed to report two years after its establishment in 2017, but was delayed on multiple occasions. It has been widely criticised for its conclusions and structure.
Ms Foley has highlighted that Ms Farrelly was asked to provide an executive summary and refused to do so. At the report’s launch, the Minister criticised the time taken to complete the inquiry.
“The fact there isn’t an executive summary, I find that difficult.”
A statement from the Department of Children stressed that the Farrelly Commission exercises its functions independently of Government.
The department added: “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.
“Any query relating to the commission of investigation should be directed to the commission,” the department said.
Social Democrats disability spokesman Liam Quaide called on Ms Farrelly and Ms Foley to come before the Oireachtas Committee for Disability Matters at “the first available opportunity” to answer questions about the report.
He said the commission represented “yet another failure” that took eight years and cost €13 million. He said it failed to find answers to “very basic questions about Grace’s appalling treatment at the hands of the State”.
The “unprecedented intervention” by Grace’s legal representative on Tuesday “significantly increase(s)” his fears concerning the report, he said.
Fianna Fáil TD John McGuinness, who was fiercely critical of the commission’s findings, said the report is “losing credibility by the day”.
He echoed the Social Democrats’ calls for Ms Farrelly to appear before an Oireachtas committee to respond to the General Solicitor’s statement.
He claimed there is “sufficient evidence now emerging that significant details submitted by witnesses were not given the due consideration they deserved”.
Former Barnados chief executive Fergus Finlay said he was “shocked” that the General Solicitor felt compelled to make a statement following the report.
“I believe there is an onus on the commission or the Government responsible to make those submissions publicly available.”
Ms Farrelly has been contacted for comment.
