Paul Murphy (Dublin South West, Socialist Party) | Oireachtas source

Two years ago the Taoiseach made an apology here. He spoke of national shame, referring to the incredible, horrific abuse, incarceration and exploitation of over 10,000 women, in which the church and State were both complicit and guilty. His speech was supposed to represent a significant turning point, putting that in the past, as something never to be repeated. It was a recognition, and obviously an apology, to those women and their families. The Taoiseach apologised unreservedly to all those women for the hurt that was done to them and for any stigma they suffered, but he also said:

In reflecting on this report, I have come to the view that these women deserve more than this formal apology, important though it is. I also want to put in place a process by which we can determine how best to help and support the women in their remaining year. ... That is why the Government has today asked the President of the Law Reform Commission, Judge John Quirke, to undertake a three month review and to make recommendations as to the criteria that should be applied in assessing the help that the Government can provide in the areas of payments and other supports, including medical cards, psychological and counselling services and other welfare needs.

Mr. Justice Quirke then reported in quite a simple and straightforward fashion, one that was minimal from the point of the women. However, the first recommendation was very clear: "Magdalen women should have access to the full range of services currently enjoyed by holders of the Health (Amendment) Act 1996 Card (“the HAA card”)." There was a very good reason for him to make that recommendation in a situation where the average age of the survivors is 70, where 66% of the survivors have serious health problems and where an estimated 91% of the women currently have a medical card or general practitioner, GP, card. Therefore, they already have that level of access rights. That is why Mr. Justice Quirke recommended it: in a situation in which people have gone through great trauma which cannot be undone, no matter what is provided, surely the very least that could have been done was to give them what they need and what they believe is appropriate for them.

In this discussion, there has been an implication that the services that are not offered under the version of an enhanced medical card included in the Bill consist of alternative therapies such as angel healing. This is to try to diminish what has been left out. However, legally speaking, the difference between what is being offered and what was recommended by Mr. Justice Quirke, which I believe would be appropriate, is very significant. These are services that the women need in order to be able to deal with all the problems they face as a result - let us not forget - of actions by this State and by the church supported by the State. They include private GP services, a list of prescribed drugs and a range of complementary therapies. As Deputy Coppinger said earlier, they are services such as massage, reflexology, acupuncture, counselling and dental care. It includes a list of services that the women need. The Government can say "Don't worry; we will take care of that," but it will be in the hands of the HSE. It must be given a legislative basis through amendments to this Bill to ensure that these services are prescribed in law - that they have a right to them. It is not just a moral obligation. There is arguably an international human rights legal obligation under the UN Convention against Torture, which requires that people who have been tortured have a right to redress and benefit from as full a rehabilitation as possible. That means being able to access all the services they believe are necessary. If the Government is not willing to give a legislative basis to this and ensure that this minimal recommendation in the report is carried out, it is a new shame on the nation. What indication would that give to everybody who has gone through these circumstances, and society as a whole, if the Taoiseach's promises are broken by not implementing those minimal recommendations?

The point raised by Deputy Boyd Barrett about direct provision centres is a fair one in terms of the similarities that exist and the fact that there is ongoing national shame, and the message sent on this issue is also sent on others, including those in direct provision.

I hope the Government will feel the pressure on this issue and will be open to agreeing an appropriate amendment to include the first recommendation of the Quirke report.

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