Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I move amendment No. 1:

To delete all words after “Dáil Éireann” and substitute the following:recognises that the Government established a statutory Commission of Investigation into Mother and Baby Homes and Certain Related Matters in February 2015, to provide a thorough objective account of what happened to vulnerable women and children in these homes during the period 1922 to 1998;

notes that the commission was established following a motion passed by Dáil Éireann on 28th January 2015 to approve the draft Government order for the establishment of the commission and its terms of reference;

acknowledges:

- the important and person-centred work to date of the independent commission;

- the considerable public disquiet and demand for a thorough and holistic understanding of events, experiences and responsibilities following the confirmation, by the commission, of the discovery of human remains on the site of the Tuam Mother and Baby Home; and

- the plight of Irish women and children who were in institutions in this country in the last century, equally affirms their resilience and agency as survivors and stands in solidarity with all former residents, their loved ones and campaigners;

agrees that the commission must be given the opportunity to complete its sensitive and person-centred investigations in the public interest to establish the facts of what happened in and around these homes and to issue its report in accordance with the legal framework under which it was established;

further notes the co-ordinated approach by Government Departments and agencies to respond to the discovery of human remains in Tuam and to engage with the local community and other parties with family connections in a sensitive and inclusive manner, recognising the dignity and equality to which all stakeholders are entitled;

further recognises that:

- the independent commission has the scope and power to examine a broad range of public concerns in relation to these institutions, to make a determination on their relevance to the central issues in question, and to make any recommendations to the Government which the commission deems appropriate;

- the commission’s terms of reference provide for a confidential committee forum to facilitate former residents of these Homes which may wish to provide accounts of their experience and to assist the commission to ground its work in the reality of the experience of mothers and children;

- a commission of investigation’s legal framework allows it to hold hearings in public where this would be in the interests of the investigation and fair procedures;

- major investigations have already been conducted into historical child abuse by the Commission to Inquire into Child Abuse which had a wide remit to inquire into the abuse of children in any place where children were cared for other than as members of their families; and

- the report of the interdepartmental committee into Magdalen laundries established the facts of State involvement with the laundries under the supervision of an independent chairperson;

further agrees that the three reports of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters which are due for completion by February 2018, namely, the social history report, the confidential committee report and the investigative report, are critically important in coming to terms with how Irish society responded to vulnerable single women and their children at a time when they most needed our support and assistance; and

welcomes the intention of the Minister for Children and Youth Affairs to:

- examine the potential for a gender-sensitive transitional justice approach, to facilitate former residents of institutions who may wish to provide accounts of their

experiences in public or in private, with a view to formally acknowledging and validating their experiences, and supporting reconciliation for former residents and

the public at large with the events of the past by enhancing public awareness and understanding of a range of past abuses and human rights failures;

- explore the potential for the application of a range of transitional justice mechanisms that would acknowledge and preserve the accounts of the past that have emerged in Tuam and elsewhere, honouring the accounts of victims by preserving memory, undoing stigma and honouring the lives of those who were residents of such homes, thereby guaranteeing non-repetition and affirming the dignity and equality values of the Constitution of Ireland;

- explore, in the context of these transitional justice measures, the scope for a truth commission which would examine broad societal issues of collective responsibility in this area and which would complement but be distinct from the work of the Commission of Investigation into Mother and Baby Homes and Certain Relate Matters;

- carry out a scoping exercise to consider the calls for an extension to the terms of reference of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters; and

- expedite the publication of the second interim report of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters.

I thank the Ceann Comhairle, Deputies, survivors, families, supporters and friends who are here. We cannot discuss truth and finding it without acknowledging the role of the late Mr. Martin McGuinness in the recent history of the country. As a champion of reconciliation, he was an example of how we can and should confront dark, uncomfortable and difficult chapters of our history. As a proud son of the Bogside, he has left a legacy of peace which will benefit many generations on this island. He worked tirelessly to bring about reconciliation and build bridges which, in the not too distant past, none of us could have imagined. I extend my deep sympathy to his family, his many friends across all political divides and, of course, his party colleagues. I always felt privileged to receive his empowering embrace each time I met him. With his example in our thoughts, let us discuss the difficult issues before us.

I welcome the opportunity to deal further with the issue of mother and baby homes. It is less than a month since the commission of investigation confirmed the discovery of the remains of babies and children on the site in Tuam. Together, we have been coming to terms with the news, as a community, as a people and as a nation. What has been found in the County Galway town has brought into the open a broader tapestry of harm experienced by women and children across the island for decades. Let me stress that it is important that we do not say or act in any way which would undermine the ongoing work of the commission of investigation. This House approved its establishment and we must let it get on with its work. There should be no confusion about its role and no duplication of its important work.

Deputies will be aware that, as a life-long campaigner, a feminist and an Independent Minister, I have highlighted the need to look beyond the important legal questions surrounding mother and baby homes. We must look to have a more holistic approach to grasp the truth of what happened in our country. We must do justice to the past, while, at the same time, ensuring processes are in place to ensure such practices will never re-emerge in the future. As a people, we have an obligation to remember, to tell the history that was buried in the ground and to say simply and absolutely "never again". The best way to proceed is through consensus. It is important that our future actions acknowledge the fact that, despite our political differences, we all stand united on the fundamental commitment to ensure the equality and dignity of all. The counter motion before the House commits to truth recovery. Of course, this is not the domain of any single political party but is owned by all. Human dignity is at the very heart of the Constitution and equally reflected in the human rights treaties we have signed and ratified. Unfortunately, we have not lived up to these values and there is much work ahead to redeem and give meaning to them.

That brings me to the question of how best we can do this. Calls for the establishment of a truth commission are in line with and echo the approach I outlined to the House as one possible approach just two weeks ago. However, I have significant concerns that the motion put forward seems to ignore almost entirely the work the mother and baby homes commission of investigation was established two years ago to do. It also takes a narrow view of the complex truth and reconciliation demands which follow the violation of human rights. Before deciding on any future course of action, it is important to restate our continued support for the existing commission which must be allowed to continue its work. To that end, I remind Deputies of the considerable breath and scope of its terms of reference. They include the right to seek an extension of its terms of reference, its work of listening to victims and survivors in a safe and supported context, as well as the scale of its fact-finding work.

When the commission was set up, this House approved the proposal that it have both a confidential committee, to which former residents could tell their story, and a social history module which would help us to understand the context and reality of the times. Both elements will be important in deepening our understanding of what happened and what were the lived experiences of mothers and their children. It is open to the commission to hold hearings in public, if it so decides. The confidential committee was designed for those who wanted to tell their experiences in private, away from the public gaze, but it is worthwhile pointing out that the commission could conduct some of its business in public, if it decides that it is in the public interest to do so. Any such decision would, of course, be entirely for the commission to make.

The commission is two years into a three-year programme of work. To take actions now which would double up, devalue or undermine these important tasks would be ill-conceived and wrong. Having said that, an holistic approach does allow space for a complementary body of work, a wider truth recovery process. In the short few weeks since the commission's update on events in Tuam, I have begun a process of consultation on how this work could proceed. I have met academics here and in Boston; historians, including Catherine Corless; investigative journalists and recognised experts in the area of transitional justice. That dialogue is continuing. Together, we have been looking at the challenge ahead and how we can learn from similar exercises in other jurisdictions. Truth recovery and acknowledgement of harm at individual, institutional and national level require patience. It is important that we commit to processes of substance, integrity and expertise. The counter motion reflects these requirements.

The discussions I have had with experts in this field and survivors, including some of those who attended the vigil this evening, have raised important points and questions. I would like to share some of these reflections with colleagues. It is considered that for truth recovery to succeed, it must not be a one-size-fits-all truth commission. There can be many approaches to achieve our desired goal. Existing mechanisms, investigations and reports can form part of a broader process. It also allows for the maximising of resources and expertise. It can have different elements, providing for access to and the compilation of archives, public installations, victim and survivor-led dialogue and testimonies which can be just as powerful as commissions, inquiries and investigations.

We must also learn from those reconciliation and truth exercises which have failed and in particular those in which the harms being addressed were gendered harms. Our commitment must be to do better than that. To put it plainly, for survivors and for future generations, we cannot afford to get this wrong. Any process which is embarked upon must fulfil a number of criteria, the most important being the support and empowerment of victims and survivors. Truth recovery must also have the ability to hear the totality of the story - the structural oppression of poverty, the prevailing moral norms and the devaluing of some children's lives compared with others.

If we are to confront and deal with our history in an open and honest way, then these are the elements which must be included. My discussions have also put a spotlight on a number of important issues which must be addressed. The difficulty which survivors, their representatives and historians in this area have in accessing records is disconcerting. I am mindful too that many survivors and the loved ones of those who have passed are elderly and want answers. The questions and issues before us are complex and will need proper consideration. There cannot be a rush to action.

To get this wrong now not only runs the risk of undermining work which has already been carried out. It could jeopardise our shared desire to reach the truth - the whole truth. I look forward to this evening's contributions. I have already listened carefully to the first three. As someone who spoke in this House about the need for a process of truth, transitional justice and a learning to protect future generations, I welcome this further conversation. We have much to atone for as a society. We must do so collectively with commitment and generosity of spirit and in a genuine desire for reconciliation not only with those whom we have harmed but with ourselves. Truth redeems us all and allows for the space to reclaim the dignity we value so highly. In his poem "Clearances", writing of his mother, Seamus Heaney speaks of "a soul ramifying and forever Silent, beyond silence listened for". As we move into the future, we are compelled to listen to the silence and to open up our hearts and minds to the pain that will undoubtedly follow. This amendment sketches some of the key principles and elements of such a future path.

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