Call for ‘urgent delivery’ of adult safeguarding law
An organisation working to protect vulnerable adults is calling for “urgent delivery” of safeguarding legislation.
Safeguarding Ireland, which is supported by the Government and the HSE, wants more urgency given to the implementation of planned legislation to better protect vulnerable adults and reduce abuse.
The Adult Safeguarding Bill 2017, which is before the Senate, provides for mandatory reporting where an adult has suffered abuse or harm or is at risk of suffering abuse or harm.
Safeguarding Ireland chairwoman Patricia Rickard-Clarke said gaps in the law mean that people with mental or physical disabilities, capacity issues, or frailty due to age are not properly protected.
She called for the “urgent delivery” of the adult safeguarding legislation and for greater input from Government departments.
Independent senator Colette Kelleher, a sponsor of the private members’ bill, said it is time for change.
“The reality is that many adults are falling through the cracks of poor policy, law, and practice”
Ms Rickard-Clarke welcomed an update from the Department of Health that it is progressing health elements for the Adult Safeguarding Bill and will shortly publish two public papers.
However, she said that adult safeguarding issues also include financial abuse, which is a matter for the Department of Finance, and welfare fraud, which is relevant to the Department of Employment Affairs and Social Protection.
“We need the whole of Government prioritising the parallel development of the many aspects of this legislation,” said Ms Rickard-Clarke. “All parts of the bill need to move together.”
She also highlighted the importance of having a statutory regulatory framework underpinning the proposed legislation.
Bodies such as the Health Information and Quality Authority, the Central Bank, and the Department of Employment Affairs and Social Protection should be empowered to enforce the laws, she said.
Safeguarding Ireland said the announcement by the Law Reform Commission that it is to examine the need for such a regulatory framework is welcome.
Ms Rickard-Clarke said a “third pillar” to improve adult safeguarding is an adequately resourced independent national advocacy service. The statutory service would provide advice, representation, mediation, and support to vulnerable adults. Ms Rickard-Clarke said the service would also help to detect abuse and prevent it in many cases.
The Assisted Decision-Making (Capacity) Act, enacted in 2015, includes related safeguarding provisions that will not be implemented until next year.
Ms Rickard-Clarke said it will include a long overdue overhaul of the wardship system and significantly strengthen and support decision-making for vulnerable people.
While the improved adult safeguarding laws and structures are keenly awaited, there is much that organisations and families could do in the meantime, she said.
World Elder Abuse Day takes place next Saturday and recent Red C research commissioned by Safeguarding Ireland found that 12% of people who witnessed the abuse of a vulnerable adult in the past year took no action.
