Mick Wallace (Wexford, Independent) | Oireachtas source

I welcome the discussion on the terms of reference presented by the Minister. Ireland has a deplorable record on women's rights, which has, correctly, received severe criticism from international bodies such as the UN committee on human rights, the UN committee against torture, the Council of Europe, the Commissioner for Human Rights and the UN committee on the elimination of discrimination against women. The widespread abuse of vulnerable women in State institutions such as mother and baby homes, the horrors of symphysiotomy and the anti-women legislation on abortion rights in this country are just some of the horrific examples of this. It is high time that the Government took active steps towards righting a serious wrong in order to finally bring justice and accountability to the victims of mother and baby homes.

This commission of investigation is well structured and has potential through the allocation of a dedicated budget, the recruitment of qualified staff, in particular Professor Daly and Dr. Durkan, and, crucially, the engagement and dialogue with interested parties in advance of setting the terms of reference. I would like to draw a comparison in this regard to the structure of the Guerin commission of investigation, which is still completely lacking in clarity in each of these areas and has correctly been hailed as parochial for its narrow focus which glosses over the profound systemic issues in An Garda Síochána which so urgently need reform. In contrast, the Minister, Deputy Reilly, is displaying a genuine appetite for justice.

As I have argued before, in order for the survivors of mother and baby homes to get justice for the abuse suffered, this investigation must be as wide-ranging as possible; otherwise, it could be yet another missed opportunity. In this regard, I reiterate the disappointment of Justice for Magdalenes by the omission of Magdalen laundries from the terms of reference, particularly given that previous reports into the abuse carried out were completely inadequate. Survivor testimony was not included and the current draft legislation to assist survivors of the laundries represents a considerable paring back of the recommendations of Mr. Justice Quirke in his proposed restorative justice scheme.

I note article 13 of the terms of reference presented today allows for the commission to exercise discretion in regard to the scope and intensity of the investigation. This is a welcome provision and I hope the commission will exercise it if necessary. In any case, an independent inquiry should be carried out into the Magdalen laundries. It is not sufficient to investigate them solely in the context of being exit pathways for women leaving mother and baby homes.

Another concern I have relates to the length of time, three years, allocated to the investigation, particularly in light of the age profile of the survivors. The fact that there is no mention in the terms of reference to a redress scheme for the victims means that justice could still take a long time and may come too late for some survivors. Securing justice and providing an effective remedy for these women must remain at the heart of this investigation. This commission will never be able to attempt to make up for the State-sponsored abuse of these women, the illegal adoptions and the vaccine trials carried out on their children, but it is a very important step. I sincerely hope it will live up to the task with which it has been entrusted.

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