Reforming Public Inquiries: Lessons from the Farrelly Commission

A recent report has highlighted significant shortcomings in the approach taken by the Farrelly commission, an investigation into the care of a severely intellectually disabled woman known as Grace. The commission, which spanned eight years, concluded with findings of neglect and financial mismanagement but found no evidence of serious sexual abuse. However, a critical analysis by Inclusion Ireland has revealed that the commission’s process was fundamentally flawed, particularly in its exclusion of key participants.

The report underscores the lack of involvement of non-verbal individuals and those with intellectual disabilities in shaping the commission’s terms of reference and in the publication of its final report. This exclusion has been deemed a major oversight, as these are the very individuals most affected by the inquiry’s outcomes. The detailed study, titled “The right to justice and participation: lessons from the Farrelly Commission,” calls for comprehensive reform in Ireland’s public inquiry processes, especially in cases involving abuse survivors and disabled individuals.

One of the central criticisms pertains to the commission’s inaccessibility to those it was meant to serve. Despite the gravity of the issues investigated, the process was not perceived as inclusive or survivor-focused. The analysis, drawing on insights from twelve specialists in disability and human rights, found a glaring absence of accessible communication tools and advocacy structures. Experts, including disability-rights advocate Suzy Byrne and child protection rapporteur Caoilfhionn Gallagher KC, pointed out the critical failings in facilitating engagement for non-speaking individuals and those with intellectual disabilities.

Moreover, the handling of the commission’s findings was criticized for lacking transparency and clarity. The report was published without an index or clear pagination, making it difficult to navigate. Additionally, families of other residents from the same foster home were not informed in advance, and submissions made on Grace’s behalf were not acknowledged. These issues point to a broader problem of inadequate consideration for the stakeholders’ needs and experiences.

Inclusion Ireland’s report suggests that while the Farrelly commission’s final report is an important milestone, the process and its aftermath exposed ongoing failures in ensuring justice and recognition for survivors. The report emphasizes the need for a decisive break from past practices in future inquiries, advocating for a more inclusive and empowering approach. Such reforms are essential not only for achieving justice but also for ensuring that survivors and affected individuals are given a voice in the processes that directly impact their lives.

The call for reform is not just about correcting past mistakes but about setting a new standard for public inquiries in Ireland. By incorporating inclusive practices and prioritizing the participation of those most affected, future commissions can foster a more transparent and just system. The report by Inclusion Ireland serves as a reminder of the importance of survivor-centred approaches and the need to address systemic barriers that have long hindered meaningful engagement and recognition in public inquiries.