Oireachtas Joint and Select Committees

Tuesday, 18 May 2021

Joint Oireachtas Committee on Children and Youth Affairs

Pre-legislative Scrutiny of the General Scheme of the Certain Institutional Burials (Authorised Interventions) Bill (Resumed)

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I thank the Chair, and I confirm that I am in Leinster House. I apologise for being late. I was on with the IT department for the last half an hour because my computer crashed. I am back up and running now, it was nothing sinister and everything is fine. I do not know what happened, so I apologise for coming in late. The IT staff were very good, they sorted it all out for me.

I do not know if I might be going to repeat what has been said already, because I missed most of the meeting. First, I thank the Minister for his engagement on this Bill and in respect of the mother and baby homes. We all know how sensitive and complex this issue has been for families. It is very important now that we listen to survivors. In October, we protected the records and now it is important that there be access to those records. I refer to proper access, so that people do not encounter barriers when they attempt to access their records. One or two people who have contacted me are coming across such barriers, so I ask the Minister to address that aspect.

We have all seen how much the Minister has done with this legislation, and it is important that we move on this issue without delay, especially concerning the site in Tuam. I state that because we heard from the forensic teams just how fragile the situation is. When is it expected that the legislation will be commenced? From the oral submissions and from reading the written submissions, some issues arose in respect of the coroners. I am aware this topic was just raised, in respect of disapplication. The Minister was paying careful attention to the submissions received. Can he talk us through that aspect? He is assuring us that this initiative will be specific to this Bill. However, was consideration given to reforming the Coroners Acts, as well as the resourcing of the coronial system? I ask the Minister to examine that aspect.

My next question concerns situations where Forensic Science Ireland, FSI, does not have the required facilities. Would it be possible for such capabilities to be procured or outsourced under the FSI governance structure? What engagement has the Department had with the third-level institutions to see what resources we have in Ireland before we consider extending a search for facilities abroad? The Minister might respond to me in respect of that issue. We are only in the process of building a purpose-built FSI laboratory, which we have been planning for almost 20 years. This lab is not expected to be operational until 2022, at the earliest. I am concerned therefore, that from the get-go we will have to go abroad for expertise because we have limited relevant premises here. That FSI lab is much needed, and the Minister understands that point. I wonder if that aspect could be worked on.

I also want to inquire about the collection of DNA samples. Do we have the potential to undertake a process of collecting DNA first? Is the idea of destroying DNA after a short time connected with not having the FSI lab available yet? Regarding collecting DNA, I am concerned that many of the relatives involved in this situation are getting older and are already at an advanced age. However, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 a DNA database was established in Ireland. It is used as an intelligence source for criminal investigations, but also to help find missing people and identify unknown people. Has FSI set up a system for volunteering DNA samples? FSI was hiring forensic scientists grade 3 in the areas of DNA and chemical and physical analysis just last month. What resources are available if we do take on board the suggestions made by survivors to begin the collection of DNA samples now? Some families would be willing volunteers. Did the Minister examine that? I thank the Minister and I again apologise for coming in late.

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