Seanad debates

Tuesday, 27 January 2015

Commission of Investigation into Mother and Baby Homes: Motion

 

5:55 pm

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

I thank Senators for their contributions to the debate on this motion and acknowledge the constructive input of Members of the House on all sides in assisting the Government in its consideration of these sensitive issues. I reiterate my appreciation of those who have already shared deeply personal accounts of their experiences with me. I hope they continue to find the resilience and courage to assist this commission in establishing the truth of what happened.

Valuable work has been carried out by a number of historians and advocacy groups which has informed public debate on this issue. In particular, I commend the research undertaken by Catherine Corless which has brought these matters to public attention. I share her desire to have the dignity of deceased children who lived their often short lives in these homes respected and recognised.

The motion before us today deals with the arrangements agreed by the Government on 8 January 2015 in respect of the establishment of a commission of investigation into mother and baby homes and certain related matters. The process commenced in earnest following a motion passed by Dáil Éireann on 11 June 2014 which acknowledged the considerable public anxiety as to the conditions in mother and baby homes operational in the State in that era. Today's motion is about much more than the arrangements for an investigation. It is an opportunity for us as a society to start to acknowledge and address the often harrowing manner in which single women and their children were treated in mother and baby homes, how they came to be there in the first place and the circumstances of their departure from these homes.

The draft order before the House puts a clear and deliberate emphasis on mother and baby homes. I do not want to dilute the critical focus of this investigation into the experiences of women and children who spent time in these homes by examining every type of institution where people considered past deficits or failings may have existed. That is not to deny the harsh conditions experienced by many, particularly vulnerable women and children, over the course of our history as a State. It is important to appreciate that the legislation under which a commission is established requires considerable precision in the setting of the terms of reference. The legislation requires that the terms of reference be specific in terms of the events, activities, circumstances, systems, practices or procedures to be investigated.

Since I announced the terms of reference in the presence of former residents of some of these homes, there has been general acknowledgement of the detailed level of investigation provided for within the comprehensive framework set out in the terms of reference.

There has been general acknowledgement of the detailed level of investigation provided for within the comprehensive framework set out in the terms of reference.

This debate has again demonstrated the complexity of these issues and the degree to which society turned a blind eye and allowed others to deal with the difficult issues we decided to ignore. The issues raised by Senators emphasise the challenge in seeking to define the wide range of public concerns to be addressed in this investigation. I have listened to their contributions and, as outlined in my opening statement, I am satisfied that the independent commission will have sufficient scope to examine many of these concerns and make a determination on their relevance to the central issues in question and, where appropriate, make recommendations to me that it deems necessary. In this regard, I hope the provisions of Article 6 will reassure those who believe the process to date has not fully uncovered information relevant to their specific circumstances.

I acknowledge that some people may have wished to include a broader and even more diverse range of matters within the terms of reference. However, we must be clear and realistic in our approach and expectations. My sole objective is to establish a focused commission which will effectively utilise all necessary powers to establish relevant facts in a reasonable time. This is critical, given the age profile of many of the people involved.

During the course of the debate a number of Members made the case for the inclusion of institutions not listed in the appendix of mother and baby homes and, separately, raised the issues of address, information and tracing. While it is not possible for me to accept amendments to the resolution or draft order, I will comment briefly on the issues raised. Some of them are not central to the intended remit of the investigation. In the interests of maintaining the required focus on mother and baby homes, it must be recognised that other inquiries have examined concerns in a wide range of settings, including children's homes and Magdalen laundries. We know that the situation pertaining to mother and baby homes is complex. Therefore, it would be a mistake to rush to make simplistic judgments on these matters. This is part of the rationale for having a commission of investigation. The situation is highly personal for those involved and warrants far more than a simplistic analysis. The motion is another tangible step in delivering on the Government's commitment to establish a statutory investigation, with all of the necessary powers to provide a full account in a timely manner of what happened to vulnerable women and children in mother and baby homes.

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