New Inclusion Ireland Report Condemns Farrelly Commission Process, Urges Rights-Based Overhaul of Ireland’s Public Inquiries

A new report from Inclusion Ireland released today finds that the process of the Farrelly Commission of Investigation into the “Grace” case was “largely inaccessible” and failed to uphold the rights of disabled people to justice and participation. Based on a targeted survey of senior stakeholders, the report reveals a deep-seated disillusionment with a process described as disempowering, and “structurally resistant to inclusive practices.”

The report, titled ‘The Right to Justice and Participation: Lessons from the Farrelly Commission,’ argues that the inquiry’s design reproduced the very power imbalances it was meant to address, effectively excluding nonspeaking people and those with intellectual disabilities. Participants noted a critical failure to provide essential communication supports, such as intermediaries, and a lack of accessible formats for the final report.

“I welcome Inclusion Ireland’s report and strongly agree with its core findings regarding the flawed processes of the Farrelly Commission of Investigation into the ‘Grace’ case. From the outset the design and approach of the Commission sidelined and devalued many of those most affected by the issues it was considering. Many victims, survivors and family members also found the process of publication of the final Grace Report – with no advance notice to them – deeply distressing and retraumatising, after waiting for almost a decade. Today’s report is a call to action: change is needed urgently, and processes in future must be survivor-informed and truly inclusive.” – Caoilfhionn Gallagher KC, Human Rights Lawyer and Special Rapporteur on Child Protection.

According to the findings, the report’s publication was particularly mishandled, with survivors and family members receiving no advance notice or briefings, which caused significant distress and undermined trust.

“Those affected remain without answers and have been left more wounded from the Commission. They have carried this pain for 30 years and continue to do so… [this is] not acceptable. We need as a country to do better in honouring the rights of all Irish citizens.” – Family member

In response to these systemic failures, Inclusion Ireland is calling for a complete overhaul of how Ireland designs and delivers public inquiries involving disabled people. The report outlines specific legislative and non-legislative reforms, including:

– A new statutory duty requiring inquiries to provide supported decision-making and communication supports.

– Mandatory co-design of inquiry terms of reference with survivors and Disabled Persons Organisations.

– Legal guarantees for accessible and trauma-informed publication of all reports.

– The establishment of an independent, human rights oversight board for each inquiry.

– Development of an alternative legislative mechanism for survivor-led inquiries outside of the current framework.

The report also emphasises the need to pass adult safeguarding legislation in tandem with legislation that guarantees the right to independent living, asserting that “true safeguarding is realised within communities, not institutions.”

CEO of Inclusion Ireland, Derval McDonagh states “This report is about documenting carefully the hard lessons learned from the Farrelly Commission. If we do not reckon with our past, we cannot hope for a different future. The feedback to the state is constructive, insightful and paints a clear picture of what needs to change in future inquiries, so that the voice of the person most affected is heard the loudest. It is beyond time we shook off our institutionalised past and stepped into a future where each person’s human right to access justice is respected and upheld”.

ENDS

Notes:

The right to justice and participation: Lessons from the Farrelly Commission – Read the full report here.

The right to justice and participation: Lessons from the Farrelly Commission – Easy to read version here.

Participants:

Suzy Byrne – Disability Rights Campaigner

Patricia Carey – Special Advocate for Survivors of Institutional Abuse

Dr Aoife Gallagher – Associate Professor, School of Allied Health, University of Limerick

Caoilfhionn Gallagher KC – Human Rights Lawyer and Special Rapporteur on Child Protection

Dr Caroline Jagoe – Associate Professor of Clinical Speech and Language Studies, School of Linguistic, Speech, and Communication Sciences, Trinity College Dublin

Derval McDonagh – Chief Executive Officer, Inclusion Ireland

Dr Claire McGettrick (Born Lorraine Hughes) – Adoption Scholar and Advocate, Clann Project Co-Director

Dr Katherine O’Donnell – Professor of the History of Ideas, School of Philosophy, University College Dublin

Molly O’Keeffe – Family Member

Dr Charles O’Mahony – Associate Professor, School of Law, University of Galway

Dr Maeve O’Rourke – Senior Lecturer in Human Rights, School of Law and Irish Centre for Human Rights, University of Galway

Dr Sinéad Ring – Associate Professor in Law, School of Law, Maynooth University

For more information please contact:

Caoimhe Suipéil, Head of Communications, Inclusion Ireland

Email: caoimhe@inclusionireland.ie

Phone: 086-2265813

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