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

I move amendment No. 1:

To delete all words after “Dáil Éireann” and substitute the following:"acknowledges the lived experiences of Irish women and children who were in former mother and baby institutions in the last century and stands in solidarity with all former residents, and their loved ones;

recognises that the Government established the Commission of Investigation (Mother and Baby Homes and certain related Matters) in February 2015, to provide an objective account of what happened to vulnerable women and children in these institutions during the period 1922 to 1998;

also acknowledges that the current statutory investigation 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, including, its terms of reference;

also recognises that the Commission has a focused remit to examine areas of practice and procedure in the care, welfare, entry arrangements and exit pathways for the women and children who were residents of named institutions and a representative sample of County Homes;

endorses the important work to date by the independent statutory Commission, including the submission of five interim reports which reflect the sheer depth and complexity of the work being undertaken in comprehensively investigating these matters at a level never before possible; and

further acknowledges that many former residents and their families understand the scale of this statutory investigation, and recognises this unique opportunity to bring greater clarity and enhance national understanding of the most difficult experiences endured by vulnerable mothers and children;

further recognises that:

— a significant focus of the Commission’s work is to investigate institutional patterns of referral and relationships with intermediaries involved in the placement of children who did not remain with their parents, with scope to examine whether the child’s parentage was concealed, either by omission or by illegal means;

— when the Commission’s cross-referencing of records is complete it should provide as comprehensive an account as is possible of the pathways of the children concerned;

— the Commission has the legal authority to address crucial questions to the fullest extent possible in seeking to provide the answers to which former residents are entitled, and the scope to make any recommendations to the Government which the Commission deems appropriate;

— the interests of former residents, their families and the wider public, are best served by facilitating the Commission to conclude all relevant lines of inquiry, including the social history and Confidential Committee modules, in accordance with the legal framework under which it was established;

— the Commission has not made findings to date regarding abuse or neglect within these institutions;

— it is crucially important for the Oireachtas to avoid pre-empting or otherwise encroaching upon the independent Commission’s work;

— the Commission’s final report, which is due for completion by February 2020, is absolutely necessary to inform the State’s response to these matters; and

— the Government has committed to a comprehensive, timely and appropriate response to the full conclusions of the Commission, but it is not feasible to consider matters as complex as redress in advance of the Commission’s final report;

welcomes:

— the Government’s compassion for the dignity of the deceased and the legislative work being progressed to provide a statutory basis for the forensic-standard excavation, exhumation and identification of juvenile human remains discovered at the site of the former Mother and Baby Home at Tuam, Co. Galway;

— the Minister for Children and Youth Affairs’ efforts to be open and transparent regarding the discovery of illegal birth registrations, evidenced by the decision that Tusla would make contact with all those affected by illegal registrations discovered in the St Patrick’s Guild files;

— the sensitivity being exercised in contacting those affected, the social work and counselling assistance that is in place to help; and

— the leadership of the Minister for Children and Youth Affairs in directing that a review of a sample of files be undertaken, overseen by an independent reviewer, to ascertain whether any similar evidence of illegal birth registrations is evident on files of other bodies involved in adoption; and

further again recognises and affirms:

— the resilience and agency of former residents, their families and supporters in seeking justice and truth in relation to these events and their experiences;

— the new and innovative approaches by the Minister for Children and Youth Affairs to engagement with former residents and their families, in particular through the establishment of the Collaborative Forum on Mother and Baby Homes, which has facilitated former residents to identify, discuss and prioritise the issues of concern to them and their families;

— that former residents are equal stakeholders in this participant-centred work, which the Minister for Children and Youth Affairs believes can have a lasting and positive impact; and

— the coordinated approach by Government to conduct a comprehensive analysis of the Collaborative Forum’s published recommendations, together with a specific process and timeline for developing a package of health and well-being supports and a series of initial measures, including:

— the development of a programme of memorialisation;

— the commissioning of research on language and terminology; and

— continued action to improve access to birth information through reforms of adoption legislation."

I thank the Deputies for bringing forward this motion to allow these serious issues to be discussed openly and with full respect for those affected, many of whom have joined us in the Gallery. We passed the 20th anniversary of apology of the then Taoiseach, Bertie Ahern, to victims of child abuse last Saturday. Next Monday will mark the tenth anniversary of the publication of the Ryan report. These issues and those relating to mother and baby homes have indeed left a stain on our nation. We must continue to confront these uncomfortable and difficult chapters of our history. It is only by accepting and confronting the truth that we can ensure no woman and no child will have to go through such ordeals again.

A commission of investigation into mother and baby homes was established in response to significant concerns about death rates in Tuam, as well as concerns around conditions which existed at similar institutions. These matters had never been examined in this forensic way before. The scope of the investigation includes questions on the care, welfare, entry and exit pathways for the women and children who were residents of these institutions between 1922 and 1998. Notably, a specific focus of the commission’s work is to investigate institutional patterns of referral and relationships with adoption societies and other intermediaries involved in the placement of children.

The Government is satisfied that this independent commission has sufficient power and scope to examine and make a determination on a broad range of relevant concerns. Five interim reports have been prepared to date, all of which I have published. The commission makes no definitive findings of abuse or neglect in these reports. Its final report is due by February 2020. The House approved the establishment of the commission. We should not prejudge or encroach upon its work. The Government will be in a position to respond to its findings and recommendations when the final report is submitted. The Government has extended the timeframe for the inquiry in response to its sheer scale and complexity.

The most recent report provided us with significant information on burial practices.It aids the work to prepare legislation to facilitate excavations at the site in Tuam. The second interim report dealt with some of the issues raised by Deputies in their motion, namely, access to a specific redress scheme for former residents and external calls to broaden the terms of reference, in this instance into illegal registrations. Since this work commenced there have been calls for redress for this group of survivors. Some believe they were unfairly excluded from these schemes and do not see it as necessary that the present commission completes its work before these issues are dealt with.

Following detailed analysis of the commission’s suggestion, the Government decided not to extend the scheme or develop an alternative. Consideration of such complex matters requires greater clarity on these events and details on the precise role and influence of the State and other parties.

Previous financial redress schemes were complex to administer, costly and often difficult for applicants. The Ombudsman, and previously the Comptroller and Auditor General, recommended the development of central guidance in respect of restorative justice or redress schemes to ensure lessons learned can be applied where necessary. This work is being advanced across relevant Departments. Instead, the Government committed to exploring alternative means of supporting the needs of those former residents. In making this decision, the Government was conscious that the commission had made no findings about how residents in these institutions had been treated.

I have met the survivors of the institutions on many occasions and some of our conversations have been difficult. Many survivors and their loved ones are deeply frustrated. They want their concerns addressed. I understand and accept their impatience. They have waited a long time. I know too that many fear they could go to the grave with unanswered questions and not knowing what happened to their loved ones. In order to address some of these concerns I established an inclusive and representative collaborative forum where former residents can directly engage on the issues of concern to them and their families. The focus is on assistance that can be offered in advance of the commission completing its work, while being careful not to pre-empt its findings. The forum’s work has produced a comprehensive and diverse list of recommendations, which I published last month. In line with our transitional justice approach to engaging with former residents, the Government committed to a comprehensive analysis of all recommendations by relevant Departments. A specific process and timeline for developing an appropriate package of health and well-being measures, which is currently being implemented, the development of a memorialisation programme, the commissioning of research on language and terminology, and continued action to reform adoption legislation, are being progressed.

As the House is aware, I decided last summer that those affected by the illegal birth registrations discovered in the files of St. Patrick's Guild should be informed as soon as possible. The number of illegal registrations discovered has now risen from 126 to 148 and it is clear is that this is an evolving process. Tusla is continuing this complex and sensitive work. All those informed by Tusla of their birth status, and who wish to engage with their services, have been offered a full social work service and specialised counselling support. As a result of the discovery, I also directed that a scoping exercise be undertaken, overseen by an independent reviewer, to ascertain whether any similar evidence exists on files of other bodies involved in adoption. I am expecting this report by the end of May, and will then decide on any next steps. However, I am also mindful there will be overlap between this process and the work of the commission.

The Government’s compassion for the dignity of the deceased is evident in the legislative work being progressed for the forensic-standard excavation, exhumation and identification of the juvenile remains discovered in Tuam, and commencing this project as soon as possible is a priority. Former residents of these institutions deserve answers. These answers are coming. I know this population is ageing.

Justice demands that our actions are properly informed, proportionate and appropriate. When the commission makes its findings we can address the complex task of responding to these issues. In the interim I remain committed to sustained engagement to advance measures in response to the identified needs of the men and women who as adults and children spent time in these institutions, even though they had committed no wrong. I am listening and I know their daily struggles.

The motion before us is well-intentioned. However, responding to these events and experiences is not as straightforward as the Deputies suggest. If it were, we would not have required an independent statutory inquiry. At the outset, I outlined the importance in establishing the truth so we can accept it and learn from it. The best way - in fact, the only way - to establish that truth is to let the commission complete this important work. The Government's countermotion recognises that this is a complex process and highlight some of the positive developments overlooked in the Deputies' motion.

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