Charlie McConalogue (Donegal North East, Fianna Fail) | Oireachtas source

I have no doubt that many of those who gave testimony to the inquiry would be happy for their names to be attached to it for posterity. For anyone who came forward, part of them wanted to tell that story. We do not know, however, to what extent they wanted that story to be acknowledged or to be disseminated further. The option we are discussing here today was not available to the people at the time they engaged with the inquiry. We simply do not know the answer to the question as to how far they wanted the information to go.

We do not know the answer for those who did not engage if the terms were different. For those who are deceased, we will never know. For those who are still with us, the question should be put to them. While many will say they believe this is sensible, if there are any who would not have engaged had they known the terms were different, then we have to respect that. It cannot be a matter of we know what is best for them. We need to be cognisant of that and, at a minimum, seek consent before their names would be included and available in the future.

Has this happened with legislation in the past? What consideration has been given by the Department and the Government into this setting a precedent for the future? Does it mean that legislation can be similarly changed in the future?

It will certainly be looked upon in the future as something that can happen.