Safeguarding Ireland welcomes publication of Law Reform Commission report on a framework for Adult Safeguarding

Safeguarding Ireland has welcomed publication of the Law Reform Commission (LRC) report on adult safeguarding – and said structures must urgently be put in place to begin work towards implementation of the comprehensive recommendations.

The report recommends a regulatory framework including structures, legislation and policies which would strengthen adult safeguarding in Ireland, within a rights based framework, particularly for adults who are at greater risk of harm due to a disability, age-related frailty, acquired brain injury or serious illness.

Safeguarding Ireland Chairperson Patricia Rickard-Clarke today urged the immediate establishment of cross-party political working group in the Oireachtas, and secondly an inter-departmental steering group, as vehicles to drive immediate progress.

She said this could evolve into an inter-departmental implementation group on a statutory basis, as recommended in the report, with this work led jointly by the Departments of Justice and Health.

However, she stressed the need for immediate focus and early working structures to ensure urgently needed progress.

"The key requirement which anchors all of the recommendations in the LRC report is the establishment of a new and fully independent National Safeguarding Authority, which is fully equipped with legislation and powers to coordinate safeguarding responses across all relevant sectors of society to protect at risk adults from harm, abuse, neglect and exploitation.”

Ms. Rickard-Clarke in particular welcomed the following elements of the report:

• The recommendation that the Government also introduce a comprehensive statutory framework for social care. The LRC report mainly focuses on safeguarding in the health and social care sector but safeguarding is cross-sectoral and relevant in all community settings. There are currently no statutory provisions for assessing care and support needs of at risk adults, or for meeting social care and support needs.
• The placing of additional regulatory functions on HIQA, the Mental Health Commission, the Policing and Community Safety Authority and the Domestic, Sexual and Gender-based Community Safety Authority – and a recommendation that health care assistants and health care support assistants be regulated.
• Strengthening the role of the Central Bank in preventing and addressing financial abuse.
• Statutory obligation and permission for information sharing between agencies both public and private where there is a safeguarding concern, and the immediate publication of regulations under the Data Protection Act 2018 regarding special categories of personal data for the interest of safeguarding.
• Broadening of the offence of coercive control to apply to all persons beyond intimidate partner relationships, and the introduction of a number of new criminal offences including coercive exploitation and offences of abuse, neglect, ill-treatment and serious harm.
• 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.

Ms Rickard-Clarke said Safeguarding Ireland looks forward to working with the HSE, the Depts of Justice, Health, Finance, Social Protection, the new Policing and Community Safety Authority and the Central Bank in progressing the report’s recommendations.

The report includes two draft Bills, the Adult Safeguarding Bill 2024 and the Criminal Law (Adult Safeguarding) Bill 2024 which the Commission has prepared. However, Safeguarding Ireland urged that discussion, planning and preparatory work progress while the details of the legislation are being worked on.

“Safeguarding Ireland will now be making contact with relevant Departments and key spokespeople in the Oireachtas to have early working groups established. The key focus needs to be on enabling the pathway towards establishing an independent National Safeguarding Authority to coordinate prevention, reduction and response to adult abuse in all circumstances and across all sectors.”

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. Safeguarding means empowerment – that if we face challenges our capacity, ability our independence our decisions are supported and respected.