Bernard Durkan (Kildare North, Fine Gael)

I am glad to have an opportunity to speak on this Bill, which addresses issues that were rampant in this country for a long time. I compliment all those involved in the reporting of these issues when they were first brought to light. I commend them for their courage and their willingness to stand their ground, in the face of some very stiff opposition, when it would have been easy for them to stand down. Society owes them a great debt of gratitude for their resilience, their commitment and their conviction, and particularly for their actions which benefited this and future generations. It serves as a lesson to us all to remember and contemplate these events so that we can make sure we do not see a repetition of such things in the future.

While many people felt that the manner by which people were placed in certain institutions, for whatever purpose, was not always in accordance with best practice, there were few who spoke out against it at the time. Perhaps in the future some of the people who are currently in the care of the State will be the subject of reviews and examinations in view of standards that may then apply. We must remember that it was not generally recognised that the institutions were not treating their residents in the manner in which they should have. We must also remember that the State has a responsibility to those in its care, for whatever reason they come to be in that care, whether in hospitals, schools, corrective institutions, training areas, prisons or anywhere else. The State has a responsibility to uphold the rights of the individual, which means State institutions must exercise a duty of care at all times. Failure to recognise the rights of individuals will lead to similar cases in the future and the taxpayer may once again be required to come to the rescue of those who have been offended against.

I speak as someone who has met victims of institutional abuse. What these victims had in common was that they could not recall events associated with their past without becoming emotional and tearful. That was a clear indication to me that they had unhappy childhoods as a result of being put in the care of the State. That is a sad reflection on any society because it is no good to claim we were not directly responsible for how we treat those who were vulnerable. Society was responsible and we all stand condemned. Those who were asked to exercise these functions on behalf of society have to accept a particular responsibility. It is true that not everybody committed the same sins or ignored what was happening but, unfortunately, a lot of people who held responsible positions failed to act. To this day, there are exceptions to good practice and even though they may be known to those in authority, issues continue to arise that impinge on the constitutional rights and welfare of individuals. That should not be the case.

Whenever something is brought to the attention of the authorities, they have a duty to ensure any issues arising are investigated thoroughly in order to protect individuals, institutions and taxpayers in the long run. If there were no breaches of good conduct, we would not be debating this Bill. The lesson to be learned is that we must recognise wrongdoing that deprives individuals of their fundamental rights and entitlements at an earlier stage, regardless of what these individuals may have done or who they may have offended. Children and young adults were referred to institutions for venial sins. Certainly the punishment of incarceration and abuse was far in excess of what they deserved. In many cases, unfortunate families and individuals who lived in deprived social and economic circumstances found their way into institutions.

While on the one hand we must recognise the good work done by voluntary and religious orders and groups, on the other a lot happened to besmirch the good name of both State and institutions. We are now attempting to repay individuals for the physical and psychological damage that was done to them. Similar events occurred in other jurisdictions. These issues have received enough publicity over the years for us to realise the need to intervene at an early stage. We should not do this in a spiteful or mean way but on health and safety grounds. We have learned lessons but we have more to learn and I hope we do not pay the cost for further lessons in years to come.

See this speech in context