Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move amendment No. 1:

To delete all words after “Dáil Éireann:” and substitute the following:

“having regard to the motion passed by Dáil Éireann on the 11th June, 2014 which recognised the need to establish the facts regarding the deaths of children at the Bon Secours Mother and Baby Home in Tuam, Co. Galway between 1925 and 1961, including arrangements for the burial of these children, and which further acknowledged the considerable public anxiety as to the conditions generally in mother and baby homes and related institutions and agencies operational in the State in that era;

noting that it is the opinion of the Government that these matters of significant public concern require, in the public interest, examination by the establishment of a Commission of Investigation;

noting that the Minister for Children and Youth Affairs has led the Government’s consideration of these sensitive matters;

noting the factual information compiled, and the specific matters identified for further consideration, in the Report of the Inter-Departmental Group on Mother and Baby Homes, which was laid before Dáil Éireann on the 16th July, 2014, and which has assisted to inform Government considerations on the scope, format and terms of reference for a Commission of Investigation;

noting that a draft Order proposed to be made by the Government under the Commissions of Investigation Act 2004 (No. 23 of 2004) has been duly laid before Dáil Éireann on 16th January, 2015 in respect of the forgoing matters referred to, together with a statement of reasons for establishing a Commission under that Act; and

noting the deficiencies of the Schedule to the draft Order (Terms of Reference for Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Order 2015), establishing the Commission, as follows:— in Article (1), the absence of express reference to ‘related institutions and agencies’ after the reference to ‘Mother and Baby Homes’, and the consequent exclusion of a list of such institutions in Appendix 1;

— in Article (1)(I), the absence of an express reference specifying inclusion of inter-institutional transfer across the island of Ireland, north and south, and elsewhere, after the words ‘and the exit pathways on their leaving these institutions’;

— in all instances in Article (1)(III), the absence of the words ‘and morbidity’ after the word ‘mortality’;

— in Article (1)(IV), the absence of an express provision directing the Commission, where evidence of mass or otherwise unmarked graves are found, to endeavour to identify the remains, notify relatives where possible, establish cause of death including by use of scientific methods, and otherwise enable arrangements to be made for more appropriate reburial;

— in Article (1)(VIII), the absence of the words ‘including marital status, socio-economic status,’ before the words ‘religion, race, traveller identity or disability’;

— in Article (2), the setting of the timeframe as ‘1922 to 1998’ rather than ‘1922 to present’ and the absence of the words ‘or increase’ after the words ‘may reduce’; and

— the absence of the following provision, which should appear after Article (2):

— ‘The Commission shall take proactive measures to alert individuals affected by its inquiry, in person where known, or through advertising and by means of public statements, in both jurisdictions on the island of Ireland, in Britain, in the United States, and in such other jurisdictions where those affected may reasonably be thought likely to reside, to ensure that they understand their rights to testify in private or in public.’;

— the absence of the following provision, which should appear before Article (3):

— ‘Pursuant to the provisions at section 11 of the Act, the Commission shall provide for public hearing of testimony by persons who were formally resident or who worked in, or who were otherwise affected by, the institutions listed in Schedule 1 during the relevant period, as of right, if such persons so request, or if the Commission is satisfied that it is otherwise desirable in the interests of both the investigation and fair procedures to hear in public all or part of the evidence of a witness that the Commission has called. In this regard, the Commission shall make recommendations to the Minister as to necessary arrangements regarding the right to legal advice and/or other advocacy of those testifying before the Commission.’;

— the absence of the following provision, which should appear after Article (7):

— ‘The Commission shall, in making its interim and final reports, make recommendations as to ensuring effective remedy to the victims and survivors of the institutions and practices identified in its report. As one component part of its consideration of the question of effective remedy, the Commission shall make recommendations as to official acknowledgment, apology and memorial. In making its recommendations as to all aspects of effective remedy in its reports, the Commission shall also consider the question of timing of remedies, taking into account the advanced age and infirmity of many of the identified survivors, ensuring justice is not denied them as a consequence of unnecessary delay.’;

— in Appendix I, the absence of a provision for ‘Related institutions as follows’, which should appear after the list of ‘Mother and Baby Homes as follows’ at (1) of Appendix I, and which should read:

— ‘(1) Avoca House, Co. Wicklow;

(2) Braemar House, Co. Cork;

(3) Saint Gerard’s, Herbert Avenue, Dublin 4;

(4) Saint Philomena’s, Leeson Street, Dublin 2/Northbrook Road, Dublin 6;

(5) St Joseph’s Babies Home, Stamullen, Co. Meath;

(6) St Kevin’s Institution, James Street, Dublin 8;

(7) St Patrick’s Infant Dietetic Hospital, Temple Hill, Blackrock, Co. Dublin;

(8) St Rita’s Nursing Home, Sandyford Road, Dublin 4;

(9) The Nursery Rescue Society, Fermoy, Cork;

(10) Westbank (Mayil) Orphanage, Co. Wicklow;

(11) and any others as the Commission may identify during the course of its investigation.’; and

— in Appendix I, the absence of the following provisions after paragraph (2), which should read:

— ‘(3) Magdalene Laundries

The Magdalene Laundries constituted a significant “exit pathway” referred to in Article 1(I), as part of the institutional architecture of containment of “problem” women and girls together with the Mother and Baby Homes listed at (1) above, the Related Institutions listed at (1.1) above, and the County Homes referred to at (2) above. As there has not been a previous Commission of Investigation or other statutory inquiry regarding these institutions, and as the McAleese Report was limited to the question of State involvement, it is therefore specified that the Commission should also have specific regard to the experiences of the women who resided and worked in these institutions, and shall exercise its discretion to extend the scope and intensity of the investigation as provided for in Article (13) to include the Magdalene Laundries in its inquiries.

(4) Registered Adoption Agencies and Related Institutions

Registered adoption agencies constituted a significant “exit pathway” referred to in Article 1(I), as part of the institutional architecture for dealing with children born to unmarried women and girls, together with the Mother and Baby Homes listed at (1) above, the Related Institutions listed at (1.1) above, and the County Homes referred to at (2) above. It is therefore specified that the Commission should also have specific regard to the agencies, hospitals and other institutions, and related professionals alleged to have been involved in facilitating illegal or forced adoptions and/or illegal birth registrations, and shall exercise its discretion to extend the scope and intensity of the investigation as provided for in Article (13) to include registered adoption agencies and related institutions in its inquiries.’; and

noting the deficiency in the second paragraph of the Statement of Reasons, whereby the words ‘a comprehensive account of these institutions’ should instead read ‘a comprehensive account of these and related institutions and agencies’; and

approves the draft Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Order, 2015, but strongly urges that the Government amend the terms of reference of, and the statement of reasons for establishing, the Commission of Investigation at the earliest opportunity, in the manner outlined above.”

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