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 Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

As I stated in my reply to the Deputy's parliamentary question, I wrote to the commission. It was a technical inquiry about whether the information could be retrieved. As I noted in response to one of the Senators, the commission replied today, stating that it did not believe that the material can be retrieved. I have no basis to say that answer was provided to me in bad faith and I assume it is a technical answer to a technical question about what can or cannot be done.

That ties in with the Deputy's third question about the dissolution of the commission. Again, I am not dissolving the commission; it will dissolve on 28 February, under the legislation as currently stated. During the meeting we have discussed the reasons we might not seek to extend that timeline. I am examining the range of considerations that need to be taken to be account in making that call. My greatest concern is what I can do for survivors to try to rectify what has happened in this regard. I have stated what I think may be possible under the right to rectification, but there are also the tangible benefits that the transfer of the archive to my Department will give. I have put on record my concerns about whether that would be possible if there was an extension of the commission's lifespan.

The Data Protection Commission has had its own engagement with the commission. That is ongoing, as far as I know, and I do not wish to speak for it. As regards my correspondence, I will consider the Deputy's request. I do not want to make a call on it now. I assume that everything is available under freedom of information in any event but I will consider with my officials the issue of publishing the correspondence.

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