Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I can confirm to the House that Mr. Justice Quirke forwarded his report to me on 30 May 2013. I expect it will be considered by Government within the next two weeks and that the report and the Government's response to his recommendations can then be published. I do not believe that it would be helpful to pre-empt the publication of the report or the consideration of the matter by Government by going into any detail at this stage. However, if the Deputy is advocating that any fund or commission should be placed on a statutory footing with independent statutory powers, I presume she is doing so in the knowledge that the preparation and enactment of legislation and the establishment of a new independent body would take several months at a minimum.

I have already set out the position on the letter recently received from the rapporteur for the follow-up on the concluding observations of the UN Committee Against Torture, UNCAT. The UN committee issued its concluding observations on Monday, 6 June 2011 following Ireland's first examination in Geneva under Article 19 of the UN Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Its concluding observations covered a wide range of areas that impact on the remit of several Departments.

The committee recommended in respect of the Magdalen laundries 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 interdepartmental committee chaired by the former Senator, Dr. McAleese, was not established in response to that recommendation and was never intended to be a criminal investigation. It was a necessary preliminary step in establishing general facts. The Government is satisfied that the McAleese report provides an independent, comprehensive, factual account of the Magdalen institutions. Some of these institutions had ceased operations almost 50 years previously and there was no reliable account available of their operations. It brought into the public arena a considerable amount of information not previously known.

Additional information not given on the floor of the House.

It also showed that many of the preconceptions about these institutions were not supported by the facts.

The only mechanism to prosecute and punish perpetrators for offences committed in this jurisdiction requires a criminal investigation, a decision by the Director of Public Prosecutions to prosecute and then a criminal trial. Irish law does not provide for any other type of inquiry to lead to criminal prosecutions. Any complaint of criminal behaviour made by any individual to the Garda in respect of the Magdalen laundries are matters that can be investigated by the Garda.

The rapporteur is seeking clarification and further information on several matters including matters relating to Magdalen laundries. It would be unfair to the UN committee to suggest that such a committee would come to conclusions without hearing from all sides. Rather, my understanding from the letter is that the committee has received information from non-governmental sources that raise issues and it is now seeking clarification and further information from the State in order that it can consider the matter in a fully-informed manner. As I have stated, a detailed response to the queries raised is being prepared and will be forwarded to the rapporteur through the correct channels in due course.

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