Government told it can’t publish report on sexual abuse at Donegal facility

The attorney general has advised it is not possible to publish the full report into the sexual abuse of intellectually disabled residents over a 13-year period at a HSE-run facility in Donegal.

An executive summary of the Brandon report, published before Christmas, revealed 108 incidents of sexual abuse were carried out against at least 18 intellectually disabled residents at Ard Gréine Court in Stranorlar. 

The abuse was carried out by another resident, given the pseudonym Brandon, who has since died.

The report found the abuse was carried out with the “full knowledge” of management. The National Independent Review Panel ( NIRP) found that a lack of external management oversight and leadership from the Health Service Executive allowed the abuse to continue and escalate.

There has been ongoing pressure from Opposition TDs for the full report to be published.

Minister of State for Disability Anne Rabbitte sought the advice of attorney general Paul Gallagher as to whether the full 67-page report could be published.

The advice is that publication would be contrary to the undertakings provided to the family members who participated in the review process and it could potentially prejudice any disciplinary actions that may be taken.

Ms Rabbitte said she had hoped to be in a position to publish the full report but that “based on the Attorney General’s advice, it would seem this is not possible”.

She said she entirely respects the attorney general’s opinion and view on the matter. 

“I have learned a lot about the NIRP process used by the HSE to investigate these devastating failures and, from my perspective, it will inform any such matters into the future should they arise,” Ms Rabbitte said in a statement on Monday.

“I am continuing to engage with the HSE, both locally and nationally, and the Department of Health on the issues raised in the report and its recommendations.

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“I will be monitoring the HSE’s ongoing work closely to ensure they address the failures highlighted in the report and that they progress the actions they committed to, thus ensuring families and service users can have confidence in their services, and that such failures do not reoccur.”

The abuse at Ard Gréine Court came to light after a whistleblower approached Donegal TD Tomas Pringle who later raised the issue in the Dáil.

The Independent TD said he is not surprised that the attorney general says the full report cannot be published.

“The reason he has given is that it would lessen the likelihood of anyone being held accountable by the HSE,” he said.

“I would say the chances of anyone being held accountable by the HSe is non-existent anyway. It is three years since the Brandon report was completed and surely if there was going to be anyone held accountable, they would have started that process by now.”

He said the publication of the full report would “make it more difficult for the HSE to continue what they are doing” and the HSE “would have to provide answers to families”.

“We don’t know how many Brandon-type reports there are that have never come to light,” he said. 

“The only way the HSE can be held accountable is to publish the report. Any family members that I have met want the report published.”