Mental Health Commission head clashes with TD over Owenacurra closure
Does Not The The To Stop Owenacurra Farrelly Have Mission John Executive The Power Closure Chief Said Mhc
A stormy Oireachtas committee hearing saw the head of the Mental Health Commission ask a TD, “Where do you think you are?”, when pressed on the closure of the Owenacurra mental health facility in Cork.
MHC chief executive John Farrelly had told Green TD Neasa Hourigan he did not “want to be drawn into comment on any individual centre as it could prejudice any regulatory function we may be required to take”.
However, when it was suggested to him by Ms Hourigan that he was citing an instance of regulatory enforcement “without evidence” in order to avoid questions, a visibly annoyed Mr Farrelly replied: “Where do you think you are?”
The meeting of the disability matters committee subsequently heard from Gary Kiernan, director of regulation for the MHC, that a notification has been sent about a potential enforcement action, which could stretch from a warning letter to a prosecution, Mr Kiernan said.
It is unclear what the regulatory process being cited is. The has asked the MHC for clarity on the matter.
Before the committee had even convened, a row had developed as to whether or not the subject of Owenacurra could be raised at the hearing, with the members eventually deciding it could be, regardless of whether the MHC was willing to engage on the matter.
Mr Farrelly said he “would love to be able to talk about everything, but I can’t”.
He said the commission does not have the power to stop the Owenacurra closure. “We weren’t invited here to discuss Owenacurra,” he said.
Asked by Social Democrats TD Holly Cairns why the MHC has been so vocal on enforcement and prosecution of other mental health facilities in Cork but kept its counsel for over a year regarding Owenacurra, Mr Farrelly said: “You have your views. I don’t agree with them.”
He denied the MHC had been “inconsistent” in that regard. Asked if he was “happy” with the situation regarding Owenacurra — a community-integrated facility in Midleton with many long-term residents which was slated for closure in June, 2021 by the HSE — Mr Farrelly said" “I’m not happy that we can’t vindicate the rights” of the residents as he would wish.
He said the MHC had to be “strategic”, and that the commission has been “very quiet about this deliberately”, saying he “doesn’t want to jeopardise” the situation should the MHC end up taking another party to court in Cork.
He said mental health facilities in Cork are notably behind the standards displayed elsewhere in the country.
Asked by Sinn Féin’s Pat Buckley if the MHC had come under “external pressure” for “exposing the failings of the HSE”, Mr Farrelly said “no”.
Mr Buckley pressed the matter, and asked if the MHC would “correct the record” in terms of the HSE having used the MHC’s own reports as justification for closing Owenacurra.
“The chief officer [of Cork / Kerry HSE] says he made the decision,” Mr Farrelly replied, to which Mr Buckley responded: “He’s using you as an excuse."
He asked once more if Mr Farrelly would clarify that the HSE had used the MHC’s reports on Owenacurra as an inappropriate justification for closing the centre.
“I’d have to think about that one,” Mr Farrelly replied.
He added that to the best of his knowledge there has been no correspondence between the commission and the HSE about how the latter made reference to the commission’s reports in justifying the closure of Owenacurra.