Professor Ray Murphy:

On behalf of IHREC, I thank the Chair and the members of the joint committee for their invitation to appear here today. I am joined by our senior policy and research officer, Ms Sinéad Fitzpatrick. We are delighted to have an opportunity to contribute further, following on from our written submission. We have set out in writing the relevant human rights and equality framework and provided 25 recommendations on the general scheme. We hope this information supports members in their deliberations.

IHREC is Ireland’s independent national human rights institution and national equality body. In this role, the commission holds a specific mandate to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights and equality, and to examine any legislative proposal and report our views on any implications it may have for human rights or equality.

The proposed legislation engages a number of fundamental rights, such as the right to private and family life, the right to an effective remedy and women's and children's rights. I wish to set out clearly again that what happened in the mother and baby homes is a permanent stain on our society. That we need legislation to set out how to deal with mass graves in rural Ireland is testament to that.

That legacy cannot be changed but taking real care in what we, as a society, and the committee members, as lawmakers, do now matters immensely. This is not just another piece of legislation. Rather, it could be an opportunity for the Government, these Houses and the State more broadly to demonstrate their commitment to a transitional justice approach to survivors of mother and baby homes and their families.

The discovery of the mass grave site at the former mother and baby home at Tuam in 2017, and the findings of the mother and baby homes commission of investigation final report that many of the homes did not properly record the burials of children who died in these institutions, engage serious human rights and equality issues. Specifically, the right to life engages positive obligations on the State to investigate suspicious deaths effectively. In addition, the right to private and family life are engaged in respect of burying loved ones and knowing the fate of family members.

The commission has issued our own public statements in respect of mother and baby homes, but in our engagement today, we will focus specifically on this legislation and our recommendations rather than wider analysis or commentary. A human rights and equality approach to the legislation is required and should be reflected in the principles that underpin the rights. In particular, the right of family members to know what happened to loved ones should form the central objective of the legislation. The commission recognises that these rights are not absolute and it may not always be possible to retrieve, identify and return remains to family members. However, this does not diminish the obligation of the State to make best efforts to respect these important fundamental rights.

Furthermore, the constant thread running through our written submission is the need to ensure there is meaningful participation and clear communication with those women and families who have been affected in the drafting and operation of this legislation. Their testimony and direct participation, some of which has been sought in today’s sessions, is intrinsic to its successful operation. Participation, dignity and agency are fundamental human rights principles. Among our recommendations is that, in the setting out of the role and functions of an independent agency, this legislation must incorporate into its establishment and operation a process of ongoing and effective consultation and participation which includes survivors and families of the deceased.

A key task for this committee will be to deliver effective legislation that will, as far as practicable, protect and preserve mass graves, such as Tuam, and provide for the identification and, where possible, the return of mortal remains to family members. A process incorporating these principles, while painful, will play an important part in providing truth and justice to those who died and those who survived.