Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on Children and Youth Affairs

Report of the Commission of Investigation into Mother and Baby Homes: Engagement with the Minister for Children, Disability, Equality, Integration and Youth

Photo of Mary FitzpatrickMary Fitzpatrick (Fianna Fail) | Oireachtas source

I thank the Minister for that, for coming before the committee and for the work that he and his Department are doing. The report from the commission was always destined to disappoint and has caused more upset and hurt than anybody would ever have wanted or intended. It has also caused a lot of anger. Its failure in tone, as the Minister has articulated, and failure to recognise basic human rights are what we have all found most objectionable on behalf of the survivors. That is why we are all struggling with this and opposed to the acceptance of the report.

I take the Minister's point that there is value in the fact that the report provides evidence upon which the Government can act and upon which it has made 22 recommendations. I accept and recognise that value and we all need to try to salvage something from this for the survivors.

We voted to protect the database and the records so that they could be transferred to the Minister's Department. My colleagues and I would like to see that done as soon as possible. Our only objective in wishing that to be promptly addressed is to allow survivors access to their own information so they can, hopefully, begin to reclaim their identities and begin to achieve some healing.

We wanted the State apology which was provided by the Taoiseach but the job now is about trying to deliver some justice. The Minister has spoken about some of the actions that have already been taken. Other speakers have alluded to the fact that the commission is being dissolved and its members are going to somehow disappear and not be available. We invited them to come to the committee in a constructive way because we wanted to progress the issues and had serious questions about the report on behalf of survivors. It is hugely frustrating and disappointing that they did not come before and engage with the committee. We would ask the Minister, in his communication with the members of the commission before it is wound up, to specifically ask them to make themselves available on an ongoing basis, to contribute to the healing that has to take place and the effort to give some justice to the survivors. They have given five years of their lives and work to produce the report but it really cannot end here and we would urge them not to allow that to happen. I would also ask the Minister to ask the members of the commission to give a statement of the methodology that was used because it is not clear.

I will not repeat all of the questions about the destruction of the testimonies and statements but it is a serious matter. The authorities that were charged with protecting evidence have a job to do. Can the Minister advise the committee when he expects the Attorney General to respond on the questions he has asked and the advice he has sought on the legality of the actions that were taken in that regard?

I took from the Minister's language that he is going to ask the pharmaceutical companies to reflect when he contacts them. I would ask him to go further. I ask him to ask them to make a contribution and propose how they think they can make reparations, contribute to the healing and provide some justice to the survivors.

They have a role to play in that.

Regarding the information unit and resource being created, the sustainable, structured, survivor-centred approach that the Minister of State speaks of is very welcome, but how is the work on the establishment of a national archive progressing?

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