An Independent National Safeguarding Authority must be established

Responding to the RTE Investigates broadcast on safeguarding problems in private nursing homes last night (4.6.25), Safeguarding Ireland has called for urgent progress on implementation of the Framework for Adult Safeguarding – as published by the Law Reform Commission in April 2024.

The umbrella body – which works with 40 national organisations across the health, social, justice and financial sectors – also called for the urgent establishment of a National Safeguarding Authority.

Safeguarding Ireland said the first and immediate step which Government must act on is to establish an interdepartmental / interagency Working Group to progress implementation of the Law Reform Commission (LRC) report, which sets out a comprehensive structure to improve adult safeguarding, including detailed drafts of the legislation and policy changes required.

Chairperson Patricia Rickard-Clarke said the current HSE Safeguarding policy, while welcome, is not legislation and is solely focused on health – while safeguarding is much broader and includes justice, finance and social protection. 

“Both the recent Grace Report and now RTE Investigates continue to highlight the immediate need for Government to establish a Working Group to progress implementation of the structure and legislation as set out by the Law Reform Commission (LRC) in April 2024 (Report on a Regulatory Framework for Adult Safeguarding)

“As this is a large and wide reaching task – Safeguarding Ireland believes the Working Group needs an appropriately skilled Senior Civil Servant to be seconded to an Executive role and lead it – and this should develop into the establishment of a fully independent National Safeguarding Authority.

Steps to be progressed by the Working Group include:

• Enactment of the Adult Safeguarding Bill 2024 and the Criminal Law (Adult Safeguarding) Bill 2024 (detailed drafts of both are already contained in the LRC report)
• Introduction of safeguarding orders and warrants for access to a relevant premises including a private dwelling, removal and transfer orders, no-contact orders and the need in exercising any such powers for the least intrusive means possible to be used.
• Additional functions for HIQA, the Mental Health Commission, the Policing and Community Safety Authority and the Domestic, Sexual and Gender-based Community Safety Authority, and that health care assistants and support assistants are regulated.

“An independent National Authority is the level of response needed to properly address ongoing gaps and shortcomings in adult safeguarding. The Authority should be underpinned by legislation and powers to protect adults from harm, abuse, neglect and exploitation,” Ms Rickard-Clarke said.

Safeguarding Ireland also highlighted further specific items of legislation and policy which can be progressed in the immediate term and do not need to await a Working Group or Safeguarding Authority.

• Statutory obligation and permission for information sharing between agencies both public and private when there is a safeguarding concern.
• To broaden the offence of Coercive Control to apply to all persons beyond intimate partner relationships.

Responsibility for these legislative changes lie with the Department of Justice. 

There are also two further steps that should be taken and which do not require legislation.

• A strengthened role for State Payments providers and the Department of Social Protection in preventing and addressing financial abuse particularly regarding the use of third-party agents, as arose in the Grace case. Responsibility for this lies with Department of Social Protection.
• Establish a register of Advance Health Directives. This would incentivise more people to document their future healthcare wishes and preferences and ensure that their document is accessible when needed by health and social care professionals. The Decision Support Service already has the infrastructure in place to deliver this and an establishment order is needed from the Minister for Health. 

More information at www.safeguardingireland.org.

Further Information

Ronan Cavanagh, Cavanagh Communications: (086) 317 9731.

Safeguarding Ireland promotes safeguarding of adults to protect them from all forms of abuse by persons, organisations and institutions and to deliver a national plan for promoting their welfare.

Safeguarding means putting measures in place to uphold our rights, to support our health and wellbeing, to reduce our risk of harm – and to empower us to protect ourselves. Safeguarding involves ourselves, our families, services and professionals all working together to prevent and respond to adult abuse, neglect or coercive control.