Alan Shatter (Dublin South, Fine Gael)

The UN Committee against Torture issued its concluding observations on Monday, 6 June, following Ireland's first examination in Geneva last month under Article 19 of the UN Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Its concluding observations cover a wide range of areas that impact on the remit of several Departments.

In respect of the Magdalene laundries, the committee recommended that the "State should institute prompt, independent, and thorough investigations into all allegations of torture, and other cruel, inhuman or degrading treatment or punishment that were allegedly committed in the Magdalen Laundries and, in appropriate cases, prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed, and ensure that all victims obtain redress and have an enforceable right to compensation including the means for as full rehabilitation as possible". The committee did not specifically recommend the establishment of a statutory inquiry. Indeed, the recommendation clearly envisages criminal investigations leading to prosecutions where appropriate. Any information or specific complaint that might constitute a criminal offence should be brought to the attention of the Garda for the matter to be fully investigated and to facilitate any prosecution that should ensue.

Under our legal system, statutory inquiries have no role to play in the prosecution of offences nor do they have a role in determining enforceable rights to compensation. Members will know that the Government decided on a number of actions following its meeting last week, which considered the circumstances of the women and girls who resided in the Magdalene laundries. The Government believes it is essential to establish the true facts and circumstances relating to the laundries as a first step. Along with my colleague, the Minister of State with responsibility for disability, equality, mental health and older people, I am following up on this decision with the relevant parties. This will include discussions on the making available of records maintained by the congregations and the provision of information concerning the number of persons currently residing with or in the care of the religious congregations who originally commenced such residence in the laundries and who have remained in the congregations' care. The putting in place of a restorative and reconciliation process and the structure that might be utilised to facilitate such a process will also form part of these discussions.

An inter-departmental committee, chaired by an independent person, will also be set up to establish the full extent of State involvement. It was agreed by the Government that an initial report on progress made by the committee should be made to the Cabinet within three months of its establishment.

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