James Reilly (Dublin North, Fine Gael)

Why have a gagging clause if we want transparency, accountability and fairness? It is contrary to the very idea.

The adversarial approach, mentioned by many victims who attended hearings of the Residential Institutions Redress Board, must be abolished. They are re-victimised at the hearings, having already suffered at the hands of the State and congregations throughout their childhood. We must not allow this to continue.

The Bill seeks to broaden the term "institution" so it will not be confined to a list of institutions but to a list of categories thereof such that victims will not be excluded. The Bill seeks to accommodate those who might have been excluded through not being aware of the procedures they should have followed. As Deputy Quinn suggested, such people may have been out of the State or may be illiterate. I met one such man outside the Dáil during the previous debate. He missed out and, in his desire to press charges, he must go from Garda station to Garda station. He lives in town, does not have transport and has limited means but is told he must go to the Garda station nearest to the institution he attended. This is nonsense and is certainly not suggestive of a State trying to make amends or atone what happened under its jurisdiction.

We need to ensure the Taoiseach's promise - that those who attended the institutions will have their slates wiped clean of criminal history - will be honoured. The individuals concerned were children after all and many committed no crime. Some were merely found playing in a derelict building and were accused of breaking windows, on foot of which they were institutionalised. We need all these people's slates wiped clean and that is what this Bill seeks to do.

If we want transparency, accountability and fairness, we must have a full audit of the assets of the orders who ran the institutions. The Bill only seeks to put into action the many words spoken on all sides of this House.

See this speech in context