Calls again for immediate introduction of independent inspections
The Irish Human Rights Commission (IHRC) appeared today before the Joint Oireachtas Committee on Health and Children to present the findings of its Enquiry Report into services available to a group of adults with a severe to profound intellectual disability in the John Paul Centre, Galway. Published in March 2010, the IHRC enquiry found that there were serious gaps in the provision of services to residents or people using the facilities of the Centre. Nearly a year later, the Enquiry Report recommendations have not been acted upon by the Government, and some of the issues identified in the IHRC Report have been further compounded by recent budget cuts.
In its Enquiry Report, the IHRC concluded that the inadequate services stemmed from systemic problems with the national legislative, strategic and policy frameworks for persons with an intellectual disability. The IHRC’s recommendations to Government highlighted significant deficits in the standards and monitoring of residential care, data gathering and the system of budgetary allocation for disability services and accountability for the delivery of those services. The Report comprehensively set out the human rights impact of these deficits, particularly in relation to the right to health, education and equality.
Key IHRC recommendations not yet acted upon by the Government include:
- Immediately commencing independent Health Information and Quality Authority (HIQA) inspections
- Introduction of person-centred needs assessment for all people with disabilities to inform national policy
- Reflection of individual needs in service agreements between the HSE and service providers and establishment of proper funding protocols
- Increased speech & language and occupational therapy services at the John Paul Centre
- Ratification of the UN Convention on the Rights of Persons with Disabilities
Welcoming the opportunity to appear before the Committee, Dr Maurice Manning, President of the IHRC stated
"The IHRC is committed to having the recommendations in its Report implemented. What is at stake are the human rights of people with a severe to profound intellectual disability. This is a group who face huge challenges in having their voice heard, and are extremely vulnerable to having their rights breached. We are disappointed that the Government has not acted with any urgency on our recommendations."
Dr Manning continued
"One of the most worrying aspects of what has happened over the past year is that while the IHRC found that the existing level of multi disciplinary services in the John Paul Centre were inadequate to meet the basic needs of people in the Centre, blanket cuts in funding and the moratoriums on recruitment have made the situation more critical. National funding being provided for disability services is not allocated on an individual needs basis. There is a point at which even the most basic right to health of these individuals and others accessing such services around the country is being put at risk by blanket budgetary policies. Urgent action is needed to maintain adequate multidisciplinary services in these Centres including speech and language and occupational therapy in particular."
Professor William Binchy, Commissioner with the IHRC, said
"One of the most disturbing aspects of the Enquiry Report is that despite having the legislation in place and following a number of reports detailing what can happen to vulnerable people in institutional care, the State has no independent inspection role in relation to residential services for people with disabilities. Therefore the State is providing funding for a level of services, but has no way of directly checking if those services are being delivered or if people with disabilities are receiving even the most basic level of care. It is hard to imagine a more vulnerable group in society than persons with a severe to profound intellectual disability, yet the State has failed to put in place a sufficiently rigorous system to ensure their rights are being protected."
He continued "It was only after the IHRC made public its decision to conduct this enquiry that the HSE decided to carry out its own review of the John Paul Centre. I think most members of the public could rightly ask how the State could expend public money on services for people with a disability without checking the quality of the services. As a priority, the Department of Health and Children must implement the existing legislation that would allow the Health Information and Quality Authority (HIQA) to register and monitor residential services for people with a disability and to take action where necessary."
Professor Binchy went on to say
"what we are highlighting to the Oireachtas Committee today is that the recommendations in the Report are drawn from the existing legal obligations of the State at both domestic and international level. The recommendations are not an aspirational reflection of what parents and family would like to see for their children living in the Centre, but rather the result of a considered analysis by the IHRC of the State’s existing human rights obligations; rights and obligations that have not diminished or been displaced by the economic downturn."
Mr Éamonn Mac Aodha, Chief Executive of the IHRC said
"The cooperation of all the stakeholders in the enquiry was exemplary and assisted the IHRC in producing such a comprehensive Report. That level of cooperation does not diminish just because the Report has been published. The commitment of the State to its human rights obligations will be measured by the extent to which the recommendations in the Report are implemented in practice. The Brothers of Charity and Parent Group have engaged with the recommendations at a local level. The Brothers of Charity has put in place a process to implement the recommendations. However the lack of response from Government Departments to date has been very disappointing. It demonstrates the lack of accountability in the system. Contracting out service delivery for people with disabilities does not mean that the State can contract out its human rights obligations."
Dr Maurice Manning concluded
"The State was instrumental in drawing up the UN Convention on the Rights of Persons with Disabilities, and it is of great concern to the IHRC that Ireland has not yet ratified the Convention. This is an issue we will be raising in the context of the Universal Periodic Review (UPR) of the State’s Human Rights record before the UN Human Rights Council later this year, and we have highlighted to the Joint Committee on Health & Children, our call to the Government to make a commitment to ratify the Convention before the UPR process begins."
ENDS/
IHRC Spokespersons are available for comment.
Please contact Fidelma Joyce, IHRC, 01 8589601/ 087 783 4939
Notes to Editor
1. This enquiry is the third enquiry conducted by the IHRC; its first enquiry was entitled "The Self-Employed and the Old Age Contributory Pension" and was published in April 2007. The second enquiry was entitled Report on an Enquiry into the Treatment of a Visitor Refused Leave to Land in the State and was published in January 2009. The power of the IHRC to conduct enquiries derives from sections 8(f) and 9 of the Human Rights Commission Act 2000. Under its legislation, the Commission has the power to compel the production of information, documentation or things in the course of its enquiries and it can require persons to attend before the Commission for that purpose.
2. Enquiries conducted by the IHRC may be at the request of an individual concerning a relevant human rights matter. The purpose of IHRC enquiries is to review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights; i.e. to evaluate how the law is operating in practice not only for an individual, but also in general. In applying the human rights standards defined in its legislation to a particular factual situation, enquiries will also make recommendations to Government on the measures the State needs to take to strengthen, protect and uphold human rights in the State and hence ensure compliance with its national and international obligations. Ultimately IHRC enquiries are there to assist the State in remedying faulty practices and can thus help State bodies in avoiding costly litigation.
3. It is also important to note that in the exercise of its enquiry function, the IHRC does not act as an adjudicatory body in respect of the determination of rights or as a source of remedy. The IHRC may, however, conclude that the enquiry has revealed a deficiency in the law/practice in the State relating to the protection of human rights and this conclusion may in turn form the basis of a recommendation on the measures required to address the situation.
4. Taking into account that the IHRC does not act as an adjudicatory body, this enquiry has been directed to keeping under review the applicable law and practice in the State relating to the protection of the human rights of the individuals in the John Paul Centre and people in a similar situation and to making recommendations on the measures required in order to strengthen, protect and uphold human rights in the State.
5. The fact that the enquiry function is not intended to adjudicate upon alleged human rights violations has allowed the Commission to take advantage of the cooperation of all the stakeholders to the enquiry in ascertaining how the situation in the Centre is a consequence of the strategies, legislation and policy frameworks set at the national level and how this has impacted on the individuals in the Centre. During the enquiry, this was done through research, correspondence, examination of documentation, reports and responses, interviews and meetings with the relevant stakeholders.
6. Parties to the Enquiry
– The Parent Group
– Brothers of Charity Services Galway
– Health services Executive
– Department of Health and Children
– Department of Education and Science
– Health Information and Quality Authority
7. The UN Convention on the Rights of Persons with Disabilities was opened for signature and ratification in 2006. To date Ireland has become a signatory to the Convention but has not yet ratified it.
8. The Health Act 2007 established the Health Information and Quality Authority (HIQA). Amongst other functions HIQA is responsible for setting standards in health and social services and the operation of the Social Services Inspectorate. In May 2009 HIQA published "National Quality Standards; Residential Services for People with Disabilities". Section 41 of the Health Act 2007 places the Social Services Inspectorate on a statutory footing as the Office of the Chief Inspector of Social Services within HIQA. The Chief inspector has responsibility for the registration and inspection of all "designated centres". The sections of the Health Act 2007 conferring inspection and registration functions on the Chief Inspector of Social Services in respect of disability services were expected to have commenced in 2009, but have not commenced to date.
9. The Universal Periodic Review (UPR) is a process which involves a review of the human rights records of all 192 UN Member States once every four years. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations. As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed. Ireland will be examined under the UPR Process in October 2011.