Dr. Maeve O'Rourke:

The committee will be aware that the coroner has a statutory obligation to hold an inquest if she or he considers that a death may have occurred in a violent or unnatural manner, suddenly and from unknown causes, or in a location or circumstances that require an inquest, for example, in prison. The Coroners Act 1962 also empowers the Attorney General to direct a coroner to hold an inquest where a person has died "in circumstances which in his opinion make the holding of an inquest advisable". It is now two decades since the Government-appointed working group published its review of the coroner service in Ireland calling for root and branch reform. The ICCL report authored by Professor Scraton establishes that existing legislation requires significant overhaul to comply with the European Convention on Human Rights. Having said that, existing legislation allows the Minister for Justice to arrange exhumation and post-mortem examination which could and should, where possible, include identification. It also permits inquests to proceed where bodies have not been found.

The crucial questions to be answered are why no inquests into the deaths in mother and baby institutions or county homes have been held and why the general scheme of the Bill proposes to disapply the coroner’s existing mandatory jurisdiction. We are aware that coroners have been notified of the unmarked burials in Tuam and Sean Ross Abbey. The final report of the mother and baby homes commission of investigation established that 9,000 or 15% of the infants born in the institutions examined died there, in addition to the deaths of 200 mothers. The commission describes the infant mortality rate as "very high" when compared to the national average. There are many deaths for which no specific cause is known, where there is no death certificate, or where the resting place of the person is unmarked or unknown.

The mother and baby institutions were the responsibility of the State. They were either directly State managed or there was extensive State involvement in their operation through funding, regulation and inspection. Article 2 of the European Convention on Human Rights applies, requiring an effective investigation wherever a person dies in circumstances engaging State responsibility, not least in the context of inhumane treatment. Article 8 of the European Convention, that is, the right to respect for private and family life also applies. This is particularly relevant to ensuring the return of remains to relatives.

Our recommendations to the committee are contained in our written submission. Given that we concur with the commitment to overhauling the coronial system in Ireland, such reform should prioritise deaths in mother and baby institutions and other related settings. If the Government wishes to maintain its proposal for an agency, that agency must co-operate with the overhauled coronial system as that system carries out inquests into deaths in mother and baby institutions and other related settings. Our written submission contains details about issues regarding deaths not only in mother and baby homes but also in industrial schools, Magdalen laundries and other institutions. The appointment of an agency coroner could be considered, with the necessary additional powers and duties to comply with Ireland's European human rights law obligations. These additional coronial duties include independent investigation, dedicated infrastructure, full disclosure obligations, a mandatory requirement for publication of findings and full involvement of families.

It is a privilege for me and Professor Scraton to be here today alongside those whose lives have been, and continue to be, directly impacted by this institutionalised atrocity. Today we reflect on the inhumanity within these institutions, meted out by those within and beyond the walls who operated and serviced them. We are involved in a professional capacity, albeit affected profoundly by the revelations. For the families, the bereaved and survivors, however, there is not a day that passes on which those deeply impacted by this inhumanity do not mourn their loss. It has defined their lives and their voices must be heard.

The State’s response must meet their right to truth, justice, acknowledgement and dignity. We both look forward to being of further assistance.