Clare Daly (Dublin North, United Left) | Oireachtas source

There is a certain logic to the Minister's reply.

I raise this question on behalf of a resident whose two brothers were in Tuam, who is trying to get as much information as possible about what happened to them as she does not know for sure whether they are buried there. She is one of those who wants the graves exhumed and wants DNA testing. She wants to bury her brothers if they are there. I appreciate that people have different views on this issue and that the commission is being given the power to make its own decisions. However, it must make those decisions based on the terms of reference laid down.

In the context of the investigation and the information being sought by the commission and in terms of potential criminal investigations afterwards, section 19 of the Commissions of Investigation Act would seem to suggest that any information gathered as part of the commission's investigations could not be used in criminal proceedings. However, the Minister is on record as saying the commission could pass on evidence it had. There seems to be a contradiction between the two. Will the Minister clarify that? Obviously, there is independence within the bounds of the commission, but that independence is rooted in the inquiry itself.

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