Dáil debates

Tuesday, 19 February 2013

Magdalen Laundries Report: Statements

 

7:25 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

I remember attending a play written by Louise Lowe which was set in the laundry on Sean McDermott Street. Three audience members were brought in at a time. We were brought through the various stages by the people playing the parts of the ladies. In character, one of them said, "Will you tell?". I reacted and asked, "Who will I tell?"

I was only thinking about it afterwards and I thought, who would I have told if I was aware of what was going on? The State, church, Garda and Judiciary were involved, as well as so many other departments in society and families also, so there was nobody to tell.


I was struck by that because the Constitutional Convention is examining the Constitution. When I spoke on behalf of the Independent Members at the opening of that convention, I said that the Constitution defines who we are and how we want to be identified. A number of us expressed our disappointment that initially there was not more in the convention on economic, social and cultural rights.


None the less there are positive aspects to Bunreacht na hÉireann. If they had been invoked, this would never have happened to the ladies. Article 40.1 of Bunreacht na hÉireann states that "All citizens shall, as human persons, be held equal before the law." There was no equality, however, for the ladies of the Magdalen laundries, the children of the industrial schools, the ladies who suffered symphysiotomy procedures, thalidomide survivors and the post-polio group. Despite this, Article 40.1 of the Constitution says that "All citizens shall, as human persons, be held equal before the law."


The abuse of the Magdalen ladies' human rights, and the others I have mentioned, was in violation of our Constitution. The abuse of human rights also contravened a number of international human rights laws, including the European Convention on Human Rights, which Ireland ratified in 1953. It also violated other covenants on civil, political, economic and cultural rights. It violated the Convention on Discrimination Against Women. The 2011 review by the UN Committee Against Torture found the abuses reported by the ladies fell within the category of torture, inhuman and degrading treatment. The ongoing failure to provide reparation amounts to a continuing violation of the Convention Against Torture.


It is absolutely heart-breaking to read and listen to the testimonies of the ladies and their families, including hard labour, very long hours, the psychological punishment of being kept in solitary confinement, being deprived of food, physical and psychiatric illnesses, and emotional damage. In addition, there was the loss of the right to achieve one's full potential. I remember speaking to ladies who told me of their ambitions that were not realised. Article 42 of Bunreacht na hÉireann refers to the right to education, but those ladies were all deprived of that right.


The Magdalen report found evidence of State involvement. Regardless of the report's criticisms concerning length of stay, physical punishment, non-inclusion or recognition of certain testimonies, the report is an indictment of what went on. There was deprivation, abuse and, sadly, a loss identity for the ladies involved. There is a sad account in today's edition ofThe Telegraph of a woman who found her birth mother after a number of years. The birth mother had become pregnant on two occasions, yet when she found her birth mother, the lady had no recollection of that, such was the trauma of being in a laundry.


There are disturbing stories of connections between the laundries and psychiatric institutions. There are also disturbing stories of women who took their own lives. There are untold stories of babies who were forcibly given up for adoption.


For one reason or another, there are those who have not yet told their stories. They might be encouraged to do so by what is happening. They need the space to voice what has happened. I want to support the Magdalen archival and oral history project. I hope the State will support this and the names project which will eventually give dignity to those who have passed away. Some of them lie in unmarked mass graves. Most particularly, we must get rid of the terms "penitent" and "sinner".


We see that some European countries preserve concentration camps and prisons as museums. In this regard, one of the laundries could be preserved as a museum or memorial to commemorate the women.


I want to acknowledge what the Taoiseach said earlier, including the heartfelt apology, but most especially the reaction of the ladies in the Visitors Gallery. They are the people whose reactions matter most, not ours. I accept what the Taoiseach said about the need for two weeks between the report's publication and today's debate, but the extra pain that was caused in that time could have been avoided. I hope that the establishment of a review under Mr. Justice Quirke will not delay the process further.


The ladies speak about shame and stigma, but they have no reason to feel that way. The shame and stigma is on our part and that of society.

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