Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I thank the Ceann Comhairle for the opportunity to speak about these important matters. I believe that the amendment tabled by the Minister highlights in no uncertain terms the seriousness with which the Government treats this matter and the actions it has taken to date.

The Commission of Investigation into Mother and Baby Homes and Certain Related Matters was established in 2015 as part of a process of reckoning with this nation's dark past of institutionalisation. It was established to examine in great detail how this country treated unmarried mothers and their children and to report back to us the unvarnished truth.

I understand that many people are frustrated by the amount of time the commission has taken to carry out this investigation. I also understand that many of the people most affected by these issues are in advancing years and long to see the conclusion of the investigation. We recognise that the time the commission is taking to conduct its inquiries is in line with the mammoth task it has been set. The commission's terms of reference are extensive. It is directly examining 18 institutions that collectively housed thousands of women and children over a period of 76 years. The terms of reference are robust and it is this robustness, along with its significant amendment motion, the interests of the 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.

There have been numerous calls for the Government to implement a system of financial redress for former residents. The Government is dedicated to supporting former residents but it must await the findings of the commission before it can respond. To establish redress without full knowledge of the facts would be reckless, especially with the commission's final report so near. There were calls for redress following the publication of the commission’s second interim report in 2017, specifically in respect of former residents of Bethany Home and their ability to apply to the Residential Institutions Redress Board. There were a number of calls for the redress scheme to be extended to include additional institutions, including the Bethany Home, when the Ryan report was published in 2009. The Bethany Home is one of the 14 named mother and baby homes currently being examined by the Commission of Investigation into Mother and Baby Homes and Certain Related Matters. Mother and baby homes, and related institutions, have never before been the focus of a statutory investigation. The decision regarding extending the scheme has been reviewed on a number of occasions by this Government and that which preceded it. There has been no change in the decision made not to extend the scheme.

Deputies may wish to note that the Minister is scheduled to meet former residents of the Bethany Home at the end of this month. As the amendment states, the commission has not made findings to date regarding abuse or neglect within these institutions and it is crucially important for the Oireachtas to avoid pre-empting or otherwise encroaching upon the work of the independent commission. That is not to state, however, that the Government is sitting idly by while awaiting this report. In the interim, the Government is progressing a number of initiatives informed by the principles of transitional justice for former residents of these institutions.

In 2018, the Minister established the collaborative forum of former residents of mother and baby homes. The forum is an innovative approach by the Minister to engagement with former residents and their families to facilitate them in identifying, discussing and prioritising the issues of concern. The forum was tasked with producing a report recommending actions and solutions to address the specific concerns expressed by the former residents and their families. A report was produced and its recommendations were published in April of this year, after much hard work by the forum.

In response to these recommendations, the Government has made a number of significant commitments. These include the development of proposals for a package of health and well-being supports, research into language and terminology, amendments to the Adoption (Information and Tracing) Bill 2016 and funding for memorialisation. On 23 October 2018, the Government decided that a phased forensic standard excavation and exhumation should be carried out at the site of the former mother and baby home in Tuam. The Government’s decision was informed by detailed technical advice on international best practice and by compassion and respect for the rights and dignity of the children interred at the site. Work is under way on the scoping of the required legislation and no effort will be spared in ensuring that the children buried at the site in Tuam will be given the respectful burial they deserve. In parallel to the legislative project, consideration is also being given to the procurement and management of the excavation process and related forensic-level analysis.

Regarding the discovery of false registrations in the files of St. Patrick's Guild, the Minister has acted thoroughly and decisively. As a result of that discovery, the Minister directed that an initial scoping exercise be undertaken and be overseen by an independent reviewer. It is expected that the subsequent report will be submitted by the end of this month. Crucially, any decision taken must not impede the ongoing work of the commission. As the amendment states, 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. Scope has been included to examine whether the child’s parentage was concealed, either by omission or by illegal means. The amendment reaffirms the extensive action taken by the Government to date to address these complex, challenging and important issues.

I understand the frustration felt at the time being taken but these important issues deserve robust responses. The current commission of investigation is the proper vehicle for doing this and must be supported as it undertakes these vital works. The Government has committed to a comprehensive, timely and appropriate response to the full conclusions of the commission. To respond to Deputy Connolly's earlier question, the records in question were handed over to Tusla, which made all relevant files available to the commission.

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