James Reilly (Dublin North, Fine Gael) | Oireachtas source

I welcome today's opportunity for statements on mother and baby homes. In line with the motion passed on 11 June, I wish to update the House on the significant progress which has been achieved in just five weeks on the establishment of a commission of investigation into these issues of public concern.

It is just a matter of days since my appointment as Minister for Children and Youth Affairs so in making this statement I am very much drawing on the work commenced by my colleague, the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan. At the outset, I want to acknowledge the constructive contributions and co-operation of colleagues on all sides of the House in assisting deliberations on this sensitive issue. I would like to continue the process of engagement and dialogue with a view to achieving the widest possible consensus on the establishment of this commission of investigation. I am confident that this inclusive approach in the essential scoping phase will assist in establishing an inquiry which is capable of effectively addressing these important matters in a sensitive and timely manner.

Following the tragic revelations surrounding the Tuam mother and baby home, which I know greatly disturbed Members on all sides of the House and the wider public, the Government committed to establishing a commission of investigation to comprehensively investigate these institutions and the experiences of mothers and children in their care. In the weeks since these revelations we have witnessed further public debate and commentary on the involvement of church and State in the role played by mother and baby homes. Questions have also been posed on the role of families and wider communities because we must recognise, and accept, that these institutions did not exist or operate in isolation.

As an initial step, an inter-departmental group was established to gather relevant information so as to inform Government decisions on the scope, format and terms of reference of a commission of investigation. The group comprises senior officials from eight Government Departments, the Office of the Attorney General and relevant agencies. The work and approach of the inter-departmental group was adapted to take cognisance of the motion adopted by Dáil Éireann.

I wish to take some time to speak about the report of the inter-departmental group, which demonstrates the complexity of the issues we must consider before deciding upon the terms of reference of the commission. The Report of the Inter-Departmental Group on Mother and Baby Homes was laid before the Houses and published yesterday. I wish to record my appreciation of the considerable work of officials in delivering this detailed report within the tight timeframe specified by the Oireachtas. My predecessor, the Minister for Foreign Affairs and Trade, Deputy Flanagan, received the interim report of the committee in line with the due date of 30 June and its contents, including some updated factual information, were further considered by the Cabinet on Tuesday. In publishing the report, I hope to assist the wider public in understanding the complexity of the issues involved and the challenge in finalising precise terms of reference.

As the report indicates, the group concentrated on some of the more salient records which were accessible to map important dimensions of the issues in the short time available. The information provided mostly draws upon secondary sources, particularly a number of very relevant and relatively recently published social histories, but with some consultation of primary records contained in Department of Health files and the General Register's Office. I wish to acknowledge the valuable role currently being played by historians in making their research known to the public. This is of great assistance in achieving an objective assessment, but this must now be added to by the formal process of an inquiry.

In its examination of the treatment of single mothers and their children, the group notes that mother and baby homes have their origins as far back as the 1920s and were a manifestation of attitudes to and treatment of unmarried mothers and their children. However, it is clear that their role and purpose has been the subject of public debate and concern over the intervening period. Those confined to institutions represented only a small proportion of women and girls who became pregnant outside of marriage. The group considers that the institutional features to such treatment cannot arguably be properly investigated without a wider examination of the social history of the period. Figures published by academics show that some 89,247 so-called illegitimate births, as they were described then, were recorded between 1922 and 1973, although the figures recorded were distorted by an under-registration. The rate of illegitimate births as a percentage of total births ranged between 1.6% and 3.9% over the period.

The children of unmarried mothers appear to have fared poorly, even in comparison with the relatively poor general standards of child welfare applying at the time. It has been calculated that the infant mortality rate per 1,000 so-called illegitimate births was at least 3.8 times that of other births. This issue of mortality rates has received considerable attention in public debate and the group reports that the mortality rate for so-called illegitimate births was highest at 344 per 1,000 births in 1923, but it exceeded 200 per 1,000 births in 23 of the 28 years for which data are provided.

The report also highlights the extent of societal changes, medical advances and legislative reform since the establishment of the State. Attitudes changed over the years and, in response, so too in time did the institutions. The introduction in the Social Welfare Act 1973 of the unmarried mother's allowance and the Unfair Dismissals Act 1977 served to provide some protection for unmarried mothers. The valuable contribution of voluntary and advocacy groups to these changes is noted by the interdepartmental group. The practice of delivery on-site in mother and baby homes fell away over the period, with births increasingly taking place in maternity hospitals. The group notes that the remaining mother and baby homes either closed or evolved into different roles.

The group expresses the view that the particular social and historical issues which the commission of investigation will be asked to explore are likely to distinguish the nature of its investigations from those of many other commissions. Accordingly, the report concludes that a comprehensive historical survey of the treatment of unmarried mothers and their children in Ireland would be of considerable relevance to public understanding. The report suggests the foundation of the State in 1922 as the appropriate starting point for this survey and suggests a potential end point as 1987, when the Status of Children Act 1987 abolished the concept of illegitimacy and sought to equalise the rights of children, including those born outside marriage.

This research module could potentially examine a wide range of institutions, including mother and baby homes, county homes, private nursing homes, homes for infants or children, and Magdalen laundries. Patterns relating to the admission of unmarried mothers into these institutions and the pathways experienced by unmarried mothers and children on leaving such institutions could be assessed to determine the relative significance of these types of institution and the relationship between them. Research on the management and operation of these institutions, including religious and State involvement, and information on the conditions within these institutions and the welfare of those accommodated could add significantly to current knowledge.

An early priority for the group was to compile relevant information on the mother and baby home run by the Bon Secours from 1925 to 1961. Deputies will recall that reports of the presence of infant remains buried on the grounds of this former mother and baby home were the initial focus of public concern. The General Register Office has identified the deaths of 796 children who died at the Tuam home during the 36 years, averaging 22.2 deaths per year but ranging from one in 1958 to 53 in 1947. The report includes details of the wide-ranging reported causes of death and identifies the need for specialist analysis to examine these rates in more detail.

In addition, the report signals the need for detailed investigation into the practices and particular concerns which have arisen in relation to specific mother and baby homes. On the basis of its analysis of accessible records and publications, the group offers a basis for the inclusion in this module of the commission's work of nine specific institutions in which 24,700 births were recorded. The number of children in these institutions would have been considerably higher as many births took place in local maternity units or elsewhere. The institutions are Ard Mhuire, Dunboyne, County Meath; Bessborough, Cork; Manor House, Castlepollard, County Westmeath; Sean Ross Abbey, Roscrea; Bethany Home, originally of Blackhall Place prior to moving to Orwell Road in Rathgar; Pelletstown on the Navan Road, Dublin; Tuam, County Galway; Kilrush, County Clare; and St. Gerard's, 39 Mountjoy Square, Dublin.

In its work to identify other potentially relevant institutions, the group reviewed the range of institutions which were registered under the Registration of Maternity Homes Act 1934. The scale of this task was demonstrated by the fact that more than 200 locations were identified in a snapshot of files examined by the Department of Health from the records relating to 1949. The group assesses the overall difficulty as being the challenge to identify those institutions which may have played a significant role in relation to unmarried mothers in a manner consistent with the areas to be addressed by the commission.

It is the view of the group that considerable historical research is likely to be needed to establish the role played by particular institutions. This would assist in determining the extent to which a practical methodology could be utilised, based upon the availability of records, to contribute to the overall work of the commission in a timely and effective manner.

The group considered the available information relating to vaccine trials and notes that at least some were undertaken on children in mother and baby homes. A review by the Chief Medical Officer in 2000 provides an overview of the known information related to three trials in the 1960s and 1970s. In addition, mother and baby homes were among the institutions from which the remains of 474 infants were transferred to medical schools for anatomical examinations under the Anatomy Act 1832.

The issue of adoption has been raised at many of the consultative meetings which took place between my predecessor, the Minister, Deputy Charles Flanagan, and advocacy groups in recent weeks. In excess of 40,000 adoptions were approved by the Adoption Authority subsequent to the Adoption Act 1952. In the absence of adoption legislation, the placement of children with others before 1952 was much more informal, with boarding out, fostering and de facto adoptions directly or through intermediaries. Natural mothers have strongly disputed the voluntary nature of the consent given to these arrangements in particular cases, even after 1952.

While the commission should certainly look at adoption issues, a commission of investigation is not a suitable or effective vehicle for addressing the interest of individuals in securing access to their own records. An accelerated legislative and operational programme of reform to tackle this important issue to the greatest degree possible is the most appropriate means to progress this matter.

My Department has been working to finalise a general scheme and heads of an adoption (information and tracing) Bill. This is a complex undertaking with important legal issues, including constitutional considerations. While the major issues arising from the mother and baby homes controversy are placing additional demands on the Department's limited resources in this area, it is my wish that this general scheme can be referred to the Oireachtas Joint Committee on Health and Children in the autumn of this year and prioritised within the Government's legislative programme.

The Child and Family Agency provides an information and tracing service throughout the country to birth mothers, adopted persons and their families. Work by the agency on the organising and storage of records, including some 25,000 records from the Sacred Heart congregation, has taken place.

The National Adoption Contact Preference Register was set up in 2005 to facilitate contact between adopted persons and their natural families. Participation is voluntary and contact through the register will only be initiated where both parties register. The register is maintained by the Adoption Authority of Ireland and it is intended to put the register on a statutory basis. I am advised that applications to the register have doubled since the announcement that a commission of investigation will be established.

Yesterday I announced that Judge Yvonne Murphy has agreed to chair the commission. I am delighted that such a widely respected person of the calibre of Judge Murphy has agreed to head up this investigation. She has a strong track record in effectively establishing the truth in important and sensitive matters. She is ideally suited to this challenging role. The Government may give consideration to the appointment of further members to the commission but I believe Judge Murphy's agreement to undertake the role of chair of the commission is a positive development in the process to establish an effective and independent investigation.

Considerable momentum has been achieved in the work to establish the commission and I want to maintain this over the coming weeks. The group's report acknowledges the need to learn from the experience and lessons of previous statutory inquiries. The remaining important task is to capture accurately in the terms of reference the precise issues and methods of investigation, together with estimated costs and timeframe.

The group recommends that the commission should not encroach on the terms of reference or duplicate the work of previous investigations, in particular, the Commission to Inquire into Child Abuse. It is my view that establishing the investigation in a manner which allows it to build on what is known should be a core objective of this investigation. I am confident this work will be completed on a timely basis but with due care and attention.

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