Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I welcome the publication on 9 January of the terms of reference for the commission of investigation into the mother and baby homes and certain related matters, which will be constituted under the Commissions of Investigation Act 2004. It is important to note that is a commission of inquiry rather than a tribunal. There are concerns about tribunals costing a great deal of money and going on for years. It would be great if all institutions could be investigated but is this possible in the context of the time required and so on? It is proposed to examine 14 institutions and a representative sample of county homes to be selected by the commission.

The interdepartmental committee report to establish the facts around State involvement in the Magdalen laundries dealt with institutions in County Galway. I recall the poignant State apology in February 2013 to the victims and survivors of the laundries. The Ryan report on child abuse detailed the horrific conditions and abuse endured by boys in Letterfrack Industrial School. Last May,, reports emerged about the Bon Secours mother and baby home in Tuam, which attracted international coverage. As a nation, we have been coming to terms with our past over the last decade or more. The investigation into the manner in which single women and their children were treated in mother and baby homes, how they came to be there and the circumstances of their departures is the latest part of the process of coming to terms with the past.

I also acknowledge the fact that the fathers of these babies got away scot-free. Today in modern Ireland we all understand that fathers have rights and responsibilities. Regrettably, in old Ireland, when a young girl fell pregnant and had a baby, the view at the time was that it was her fault, her sin and her shame. It was not and it should not have been. Two people were involved - a mother and a father.

I welcome the consultation that has taken place since the Dáil decided last July to initiate this inquiry as well as last week's Cabinet decision. I also welcome the willingness of those who were centrally involved and who have contributed to the process this far. I welcome the appointments of Judge Yvonne Murphy as chairperson and of two experts, Dr. William Duncan and Professor Mary Daly. It is always important that inquiries such as this have appropriate powers and there will always be concern about this. The 2004 Act confers powers to seek and facilitate voluntary co-operation of people whose evidence it requires. The inquiry will have a wide range of coercive powers, if required. The members will be able to give direction to people to attend or to answer questions and they will have powers to disclose and produce documents, powers of entry and inspection, powers to seize documents and equipment and powers to make determinations and give direction where privilege is claimed over documents. If a person fails to comply, the commission can apply to the courts to compel compliance.

The commission will be able to access all records relevant to its work, no matter the status of the person or entity in possession of the records, which is welcome. The evidence will generally be held in private except where a witness requests to give evidence in public. There may be cases where people want to tell their stories and outline what happened to them in public in order that the country can witness their testimony. That would have to be an individual choice. The commission would have to grant the request where the commission feels it desirable in the interests of both the investigation and fair procedures for the evidence to be in public.

A number of groups have commented on the commission. The Irish Human Rights and Equality Commission has welcomed the comprehensive terms of reference and emphasised the importance of independence, impartiality, transparency and expertise. It also stated it is vital that victims are consulted during the investigation and given a voice in the process. The organisation, One Family, which was founded in 1972, also welcomed the publication of the terms of reference. Its directors felt that they and other groups were listened to during the consultation. They also feel that it is of great importance that there is an awareness of the social context that contributed to discrimination against non-marital families and mothers. The Adoption Rights Alliance cautiously welcomed elements of the terms of reference. However, it has concerns that the inquiry is limited to investigating institutions and agencies with direct connection to a mother and baby home and excludes women who gave birth in State and private maternity homes and who also may have suffered illegal adoptions.

I welcome the commission and hope it will hear all the evidence in an open fashion and report to the satisfaction of all who suffered.

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