Bríd Smith (Dublin South Central, People Before Profit Alliance) | Oireachtas source

All of us in the Opposition, and probably many sitting in government, believe that we should not be here debating this issue at all. The entire country is stunned at what is going on. I think that the Minister, Deputy O'Gorman, does not believe that this is the correct thing to do, but he is the prisoner of senior civil servants and a system that insists on continuing what it started out doing when the State was founded. I refer to burying its systemic failures in respect of the citizens of this country, and to women and children in particular, and to burying the systemic failures of all the institutions that were built around a State that wanted to ditch the poor and oppress women to such a degree that we have the legacy mentioned. I refer to one in 100 people having had some experience of the brutal institutionalisation that took place.

I am interested in the references made to the process by Deputies Connolly and Pringle. When it was originally agreed that the commission would be established and that it would look into the social and historical legacy of the mother and baby homes, the then Minister, Katherine Zappone, convened a gathering of survivors in a hotel. There were many of them, and a representative group met, gathering in workshops and think tanks for several days to figure out what was the best way to proceed with the investigation. A friend of mine was one of those people. She gave birth in Bessborough in 1981, and she will give testimony that there was widespread, if not unanimous, agreement on several aspects.

One was that they did not want any secrecy. Most of the people present wanted their names attached to the records. Another area of agreement was that they did not want any dealings with Tusla, because it was not trusted for all the reasons that have been given. It has failed, and it has created a system of denial and secrecy regarding this matter for many of the people concerned. The people at that gathering also agreed that they should be able to access the historical files. That was an interesting process, and it was an inclusive and engaging one. I am sure the State spent a few bob on it, and it gave great hope to the survivors who gathered at that meeting. They thought that it was wonderful and that something had changed.

Now, however, we are here today. How did a process that was marked by inclusivity, openness, discussion and dialogue go from that to this? This Bill is an utter disgrace, and perpetuates all the crimes of the State against that cohort of people and it is now going to bury the record. The Minister has told us that he is not really sure what is going to be buried for 30 years. He knows what most of it is, but he does not know what all of it is. This is absolutely outrageous.

We have put forward an amendment dealing with the issue of Tusla, but it is slightly different from other amendments on the same topic. Our amendment states that the records should go to the Adoption Authority of Ireland, and we did that because it would ensure that the records would be available if this Bill is passed tonight. I have no doubt, however, that by tonight this House will have voted to enact all the aspects of this Bill. This will be a very dark day in the history of this State. Who will be voting for this Bill? All the Deputies from the Green Party, Fianna Fáil, Fine Gael and probably those ten Deputies from the gene pool who usually stick with them.

Despite the whip being imposed on them, I appeal to those Deputies to do the right thing for history and for the legacy of this State and to not accept the measures in this Bill. I ask them to not accept that we can pass a Bill that will bury the records for 30 years and that will allow Tusla to be the only agency with access to these files. I also urge the Minister to read, if he has not already done so, an article published on thejournal.ietoday by Dr. Maeve O'Rourke. It is comprehensive and deals in detail with all the legal issues raised by Deputy Connolly.

I reiterate that I do not believe that the Minister, as an individual, has an issue with anything I have said, but that he is doing the bidding of the Department and the apparatus that surround him. I hope I am right in saying that. If I am wrong, he can correct me, and if I am right, he will probably not say anything. What is happening, however, is absolutely shameful and it is extremely hurtful to thousands of people in this country who are victims of that abuse.

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