Mary Upton (Dublin South Central, Labour)

I welcome the opportunity to speak on the Bill proposed by Deputy Quinn. The very many words that have been spoken on this issue go just a little way to representing our horror and shock, the mere observers of the written reports, at the abuse that was perpetrated in the many institutions throughout the country for many years on people who had no voice. Nothing that we say will ever change the reality for the victims, many of whom, unfortunately, did not survive to hear the very small tokens of recognition of how and by whom they were failed for many years.

The Ryan report sets out in stark and graphic words the pain and suffering that was meted out to those who had nobody to speak up for them, nobody to defend them and nobody who cared enough to help them when they needed it most. These were children who were admitted to these institutions for the most spurious reasons, like stealing an apple or having a Protestant parent. On other occasions, it was just to satisfy the demands of an institutional hierarchy which wanted to keep their child labour operation running. Even the people lucky enough to suffer no abuse left these institutions with little or no education. To see the success of many of these people is a testament to their determination and courage.

In the Minister's reply to the debate yesterday evening, he spoke about the residential institutions into which children were placed by the courts or by the health authorities. The Minister stated that the schools "were subject to State inspection and regulation" and, effectively, the State acted in loco parentis. This is a direct quote from the Minister's speech. It is for this very statement that I believe the Minister and his Department must be held accountable. In regard to financial compensation, the Minister went on to state that the Government will continue to engage with the religious congregations in regard to further contributions. This is entirely proper and correct. It is only fair and right that those who were responsible for inflicting the pain and suffering should be held to account.

I want to know why the Department of Education and its officials have not been held accountable. To quote him again, the Minister said the schools "were subject to State inspection and regulation." In this case, the State was represented by the Department of Education and its inspectors and officials. The Ryan report is all but silent on the responsibility of that same inspectorate and its role in being complicit in the pain and suffering, deprivation, starvation and many other abuses meted out to the victims.

What exactly was the role of the inspectorate? What inspections did it carry out? What reports did it make and to whom? Did it visit these institutions and turn a blind eye to what was going on? Were the inspectors blindfolded? Were they afraid? Were they power hungry? Or, did they think what they saw was right and proper and normal treatment of children? Surely not.

What was wrong with all of them that they failed to make any significant reports on the state of these institutions and the children in them? If it is the case that they did make substantial critical reports, as I believe one or two of them did, what was wrong with the higher officials of the Department that they failed to act on these reports?

The failure of the inspectorate to report on and put a halt to the abuse does not take from the responsibility or culpability of those who managed and controlled the institutions and carried out the various abuses on a daily basis. The Ryan report, rightly, lifts the lid on their wrongdoing. However, the activities of those supposedly in loco parentis raises very serious questions not really addressed in the Ryan report or in any substantial way in the House. They have only been addressed in a peripheral way.

Why are those in the inspectorate, comprised of the same people charged with the responsibility of inspecting and reporting on the conditions in these institutions on behalf of the State, not named and shamed in the report or given a pseudonym in the same way as the church people in the report? Ironically they were Department of Education and Science officials but the recurring testimony of many of the victims is the total lack of education they received in these institutions.

Why is it that the Department of Education and Science and successive Ministers have conveniently lost files or cannot give direct answers to the many parliamentary questions I have submitted on behalf of one of my constituents to this day? Why do the Departments of Justice, Equality and Law Reform and Education and Science seem unable to find the files or any evidence of corruption or abuses which took place in other State controlled institutions not dealt with in the Ryan report in replies to parliamentary questions I have tabled?

The Minister for Education and Science should note it is time to reconsider this whole sad chapter in Irish history and return to the drawing board in so far as it has been affected by the Department of Education and Science. All those who failed the children either through deed or omission should be held accountable. The religious orders stand judged guilty by the Ryan report but what has been the role of the Department of Education and Science and its inspectors? The extent of what was known about what took place in these institutions must become clear. We must know why inspectors continued to give clean bills of health to these organisations when everyone knew, at least anecdotally, that something untoward was taking place in these institutions. There must be a reckoning of the religious orders and of the Department of Education and Science regarding what took place.

It was not only the responsibility of the Department of Education and Science. Many other agencies were involved, several of which in hindsight should have taken responsibility and spoken out. In many cases such people were the leaders of society. They were seen as educated and well-informed. For example medical personnel were implicated. Society overall had a responsibility and decided to turn a blind eye. None of this takes from the fact that those with immediate responsibility failed in that responsibility and still have not been brought to account.

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