Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I wish the new Minister for Children and Youth Affairs success with his new portfolio of responsibilities. I note that question No. 7 about the commission of investigation into mother and baby homes is grouped with a range of questions. The report was issued yesterday on the interdepartmental group's deliberations. It is fair to say that the conclusions are accurate with regard to the provision of background material to inform the separate task of finalising detailed terms of reference. On that basis, one can accept that it achieves some of that, but there is much that it does not address. My critical concern is that there might be a reliance on this cross-departmental report in the compilation of the terms of reference for the commission of investigation. If that were the case, much would be missed.
I am concerned about a number of areas, not least that Table 2 in the document refers to nine specific locations. I welcome the fact that the Bethany Home is included in that list of nine. However, I do not believe that the reference to the county homes and Magdalen laundries as part of a mapping exercise across a range of settings will be adequate by any stretch of the imagination. I believe that the county homes and the Magdalen laundries must be integral to the principal project of the new commission of investigation, that is, to address all of these sites, all mother and baby homes and similar institutions. I made this case ad nauseamto the former Minister and yesterday to the current Minister, Deputy Reilly, when we met for the first time since he took office.
There are a range of other things that have not been mentioned. The cross-border and international dimensions are very important and that is not reflected in an adequate way in the cross-departmental report. That is hugely important in terms of placements and adoptions on a cross-border basis and internationally and it is critical to the terms of reference that must ultimately be agreed.
With regard to the reference to a social history, much of this comes from the mapping exercise and the conclusions E and F. We must have more than a social history. It is absolutely vital that the opportunity is not lost to address properly all of the salient facts and expose them to full public scrutiny. A social history may indeed be welcome of itself, but that will not suffice in terms of the victims and survivors of said institutions. A light must be shone in all of these areas, such that nothing is left untold.
I wish to record some disappointment. In previous meetings with the former Minister, Deputy Charles Flanagan, I had requested a heads-up in respect of the appointment to the chair of the commission of investigation. It came up, but not the name, yesterday in our meeting. I would have liked to have had the opportunity to have privately indicated to the Minister my concerns about Judge Yvonne Murphy. That concern would be based not on other work she has done but particularly regarding the report on symphysiotomy. I have read that report at least a couple of times and remain deeply disappointed that it did not properly reflect point No. 2, methodologies that would allow for the achievement of truth and justice for all of the victims of that barbaric practice. That causes me concern regarding her appointment in this instance.
I had offered to give a view in previous meetings and I am disappointed that the opportunity was not provided. However, the announcement has been made and I must try to find some solace in the fact that the Minister has designated her as chair of a commission of investigation, rather than the sole member. I strongly commend to the Minister the appointment of a number of people to constitute the commission rather than a sole individual. It is very important. Again, I refer to the international dimension. There is a pool of very highly qualified and respected international judicial figures. I had instanced one of those in the submission I made to the Minister, both in writing and orally, and while I was not making an argument for that specific person, I was trying to indicate how important it was that the appointees would be of such stature that they would deservedly have the confidence of all who are looking forward to the unfolding work of the new commission.
As regards the conclusions of the cross-departmental team, I agree with the point made in 8.c. It says that legislative reform is likely to deliver a much more effective approach and should proceed as speedily as possible. This, of course, refers to the wider area regarding those who have been through these adoption experiences. It would not be too harsh to describe some of them as very questionable adoption practices, if not illegal for their time. The information and tracing Bill must be expedited. It is very important that this is done, and the Minister should respond accordingly.
Briefly, with regard to the two other matters I raised relating to the recommendations of the Ombudsman for Children's report on the services for children in care, question No. 8, when will the national plan for residential care be ready? When will the Children First Bill be enacted? Regarding the children's referendum, what is the Minister's understanding of the expected conclusion of the Supreme Court ruling on the challenge to the referendum and, consequently, when will its provisions come into effect? My final question relates to question No. 9.

In this instance, I note 4,500 reports have been published. What percentage of the total number of reports does this represent? Are there specific black spots in respect of unpublished reports? How many additional inspectors have been recruited and how many will be recruited to ensure adherence to the regulations to be published before the end of August? Finally, will the Secretary General of the Department provide this Deputy and members of the joint committee with the Labour Court ruling that is referred to repeatedly by Tusla as the reason it is not in a position to employ early childhood education, ECE, graduates as inspectors? I ask him to please furnish members with this information.