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Dr Charles O’Mahony, Lecturer in the School of Law and a member of the Crime, Punishment and Rights research cluster, appeared on RTÉ Radio 1’s Morning Ireland on Wednesday, the 30^th of April 2025, to discuss the findings of the Farrelly Commission of Investigation and its implications for disability rights and access to justice in Ireland.

Dr O’Mahony raised critical concerns about the failure of the Commission to give proper weight to Grace’s voice, particularly in light of her status as a ward of court.  He emphasised that Grace’s legal capacity was removed under the outdated wardship system, a system the Assisted Decision-Making (Capacity) Act 2015 is in the process of replacing.  Yet, the Commission made no provision for supported decision-making, and the Terms of Reference contained no requirement to ensure Grace’s voice were included in the investigation and final report.

Dr O’Mahony also highlighted the extraordinary and unprecedented public statement made by the General Solicitor for Wards of Court, who represents Grace’s.  The General Solicitor expressed concern that extensive legal submissions made on Grace’s behalf were not reflected or acknowledged in the final report, raising significant issues about procedural fairness, transparency, and the rights of persons with disabilities to effective access to justice.

Referencing the UN Convention on the Rights of Persons with Disabilities (UNCRPD), Dr O’Mahony stressed the importance of including disabled people in legal processes that affect them, and criticised the Commission’s failure to do so.

Listen back here: https://www.rte.ie/radio/radio1/clips/22509096/