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

I welcome the opportunity to appear before the select sub-committee to outline particulars relating to the Supplementary Estimate for 2014 under Vote 40, the Department of Children and Youth Affairs. The committee will be aware that the Supplementary Estimate is for the sum of €1,000. It is purely of a technical nature, to allow for the creation of a new subhead in my Department's Vote for the commission of investigation into matters relating to mother and baby homes. Costs associated with the commission constitute a new service, and the Supplementary Estimate will allow for expenditure to be incurred on the Vote from the beginning of January 2015.

I would like to take this opportunity to update the House and the committee on the current position regarding the commission of investigation. The Government has undertaken to establish a statutory commission of investigation into matters relating to mother and baby homes in accordance with the motion passed by Dáil Éireann on 11 June 2014. Considerable progress has been achieved since this date, including the publication of the interdepartmental group's report on the announcement that Judge Yvonne Murphy will chair the commission and an inclusive consultation process with stakeholders.

The establishment of this statutory investigation is an urgent and major undertaking. The scale and sensitivity of the specific concerns relating to mother and baby homes, as evidenced in the interdepartmental report and submissions received, has necessitated a detailed examination of these complex matters. Although the requirement to provide the commission with appropriate terms of reference may be generally accepted, the task of achieving the necessary precision in this regard should not be underestimated. It is important that this inquiry be established in a manner that allows it to fulfil its remit in a timely fashion. The committee will be aware that previous inquiries and commissions generated a great deal of expense and took much longer than anticipated to arrive at a conclusion than either those concerned or the Oireachtas would have wished. In this regard, I am especially sensitive to the age profile of many of those involved with this process. We need to learn from past experiences and ensure that we get this process right from the start.

I would like to take a moment to reflect on the current position on establishing the inquiry. The interdepartmental group on mother and baby homes met again recently to consider a number of specific issues which have emerged in recent engagements with advocacy groups and the political parties. Indeed, I would like to thank some of the members who are present here - Deputies Sandra McLellan and Robert Troy, among others - for their engagement. Following this meeting, I am confident that we are now approaching the conclusion of the current deliberative process. While I am not in a position today to advise the committee on specific details, I can say that, following discussions with colleagues across the Government, we are now close to finalising the terms of reference. As I advised the joint committee previously, some of the issues being raised with me directly and in public debate may extend beyond the central focus of mother and baby homes contained in the motion which was debated in the Dáil. I wish to make it clear that I intend to be as inclusive as possible, and the challenge is to determine a methodology for doing so in a timely and cost-effective way. I am confident that we can establish an effective inquiry which has the support of those most centrally involved. My priority remains the establishment of a commission that can deliver on public expectations in a realistic manner by providing a full account of what happened in these homes.

With regard to the timeline for completion of this work, assuming the current good progress continues, it is my intention to circulate a draft memorandum for the Government before Christmas. This timescale is dependent on the finalisation of a number of key factors, including the conclusion of discussions with the Department of Public Expenditure and Reform on funding and final review by the Attorney General. In parallel with this work, my Department is continuing to work very closely with Judge Murphy to advance the operational arrangements so that we can have an effective commission established and operational as quickly as possible following consideration of the Government's proposals by the Oireachtas.

Under the provisions of section 5(2) of the Commission of Investigations Act 2004, a Minister seeking approval to establish a commission of investigation is required to prepare an estimate of the cost to be incurred by the commission. This estimate is being prepared for consideration by Government in tandem with decisions necessary to finalise the terms of reference and formally establish the commission. I have signalled to Government and the Oireachtas the requirement for significant additional resources to support this investigation. Direct financial and staffing resources will be required within the commission. My Department will also require additional staffing resources to meet the demands attaching to support and oversight of the commission. In addition, the ongoing process of examining arrangements for access to adoption information will identify the cost implications of proposed operational reforms in this area. Given the potential scale of this investigation, a number of other key Departments with relevant legislative and operational responsibilities have indicated that the increased administrative demands associated with co-operation with this commission may also require a dedicated resource in their respective Departments. Any such requirements will be advanced separately by the relevant Ministers.

As I mentioned at the outset, the establishment of the commission will constitute a new service in my Department's Vote. A new subhead will therefore be required to meet associated costs. Establishing the subhead now with a notional sum of €1,000 will facilitate the early commencement of investigations in 2015, something I know we are all very keen to see achieved. In conclusion, I seek the select sub-committee's approval of the Supplementary Estimate for Vote 40.