Johnny Mythen (Wexford, Sinn Fein) | Oireachtas source

I thank the Ceann Comhairle for his words of wisdom. Since the foundation of this State, successive Governments have maintained a code of silence regarding the abuse of children and other minors in their care and control and for whom they had a duty and responsibility. This Bill elects to copper-fasten that abusive silence for a period of 30 years, contrary to the principles of basic human rights, particularly in relation to children and other young persons. The records and deliberations of Tusla leave much to be desired, yet this Bill envisages the transfer of further specified records and databases to that organisation, without according any enhanced or new right to access, thereby forcing impecunious inquiries through courts and judicial reviews on foot of Tusla refusing access. It is sprawling and lazy legislation, which contains a hidden threat of the explicit amendment of section 43 of the Commissions of Investigation Act 2004.

I advocate, without reservation, that all future judicial inquiries be conducted by a retired judge because a sitting judge is constrained by an inability to make a political statement. When one particular judge applied to a Department seeking inspector reports for industrial schools, it was found upon further inquiry that the reports had been destroyed, which I venture to suggest was the real reason for that judge's resignation.

This Bill continues the code of silence and the horrid denial of proper access. It maintains the status quowithout any meaningful change, climactic or otherwise, to which I am totally opposed. Therefore, I fully support this amendment.

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