Tom Clonan (Independent) | Oireachtas source

I will respond briefly. Within our libraries and academic research, we have tens of thousands of research projects that look in great detail at extremely sensitive issues such as this. They do not require legal examination. In the processes, oversight and the governance which the Minister and I are so familiar with in the university sector, from time to time, research on the public record, in a permanently digitably-searchable archive and open to everybody, can occasionally be referred for legal advice. It happened with my own research back in 1998. It was referred to Arthur Cox and certain observations were made but all of that sensitive information was still published and is on the public record. It has led to a greater understanding. I am concerned that we do not put the cart before the horse. The legal filter, if you like, is not the one that should be applied first. We should take tried and tested, centuries-old, methodological approaches to these very sensitive issues and let in the light. Let the findings speak for themselves. If there is a concern, let legal counsel have a quick look at it.

We are in danger of making the same mistakes over and over again and letting down survivors if we impose this kind of overly legalistic, adversarial, and almost confrontational, approach to people who make disclosures. First of all, they need to be believed. There is so much in the literature on how to deal with the most sensitive matters and there are no impediments to proceeding on that basis. However, if we keep doing it the way we have been doing it thus far, we are doomed to repeat the same mistakes over and over again. We are going to let down survivors and that it is going to have a chilling effect on the willingness of people to come forward to help us to understand our Republic and how we got to where we are and the measures we need to take to ensure we do not repeat the mistakes of the past. When it comes to children with disabilities, children with additional needs, we are making the same mistakes over and over again. Therefore we need to learn. The academic model we have is a very powerful instrument for moving forward. If we were to apply the restrictions outlined by the Minister to academic research, we would have to close our libraries.