Olwyn Enright (Laois-Offaly, Fine Gael)

I am glad we have a little more information available on this Stage than was available on Committee Stage and we have learnt that the institutions this measure will apply to are Upton, Daingean, Letterfrack, Ferryhouse and Artane. The people who went to those institutions run the risk of being excluded. That is cold comfort to those who had the misfortune of going to one of those five institutions.

What the Minister said today in this respect is on the theme of what she said on the last occasion. She stated that Mr. Justice Ryan said it would be impossible to decide on criteria in this regard. This process involves Mr. Justice Ryan and the investigation committee comprising whatever number of people are involved. The members of the investigation committee will spend an hour with people to decide whether they will go through to a full hearing. What criteria will those members have in mind to decide on that? That is what should be outlined in the legislation. The members of the investigation committee, whether they number three, four, five or more, could all have a different notion of what they should be considering and what should form the criteria to allow a person to go forward to a full hearing. It is unacceptable such criteria is not specified.

The Minister said the absence of criteria allows flexibility within the system. That may be the case but it allows for uncertainty, unfairness, doubt and exclusion. That is what people are really concerned about in this regard. It is important to impress that point on the Minister. Flexibility is one aspect and I said that I do not consider there is a need to be so adamant about the criteria that it is inflexible but I want to provide for certainty, fairness and inclusion and ensure the greatest number of people will be included. To say it is impossible to decide on criteria to determine whether a person should go forward to a full hearing means that neither Mr. Justice Ryan nor the investigation committee will be able to do the job we are setting them to do. This is flawed legislation from that perspective. This is a point that I will have to press.

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