Oireachtas Joint and Select Committees

Tuesday, 27 April 2021

Joint Oireachtas Committee on Children and Youth Affairs

General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (Resumed)

Ms Maree Ryan-O'Brien:

Transitional justice is usually for large-scale human rights abuses. Restorative justice brings it down to a more individualistic aspect. Given the understanding of what happened as large-scale human rights abuses and criminal abuses, the assistance restorative justice could give to victims of what has been acknowledged as criminal acts would be understood.

I guess the Department has taken the theme of restorative justice as a restorative recognition scheme. We view restorative justice as essentially restoring as much, retrospectively building back in as many ways as we can. That does not mean it would be essentially doughnutting legislation around adoptees to look at different ways that we might restore aspects of identity.

As regards survivors, truth and justice mean different things to different people at different times. What might be one survivor's truth is not the truth for another. What one concept of justice may be for one is not for the other. We have to be very mindful of the different individualistic views of what restorative justice is. It changes as regards each survivor and each victim. It needs to be brought down to that very basic element of what each individual person wants from a process.

As regards head 3, I will defer to Mr. Rody O'Brien.

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