Dáil debates

Wednesday, 20 January 2021

Report of the Commission of Investigation into Mother and Baby Homes: Statements (Resumed)

 

4:10 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

By now most of us have had the opportunity to read and digest the commission's report into the brutal and shameful operation of mother and baby homes in this State. More importantly, the survivors themselves and their advocates have had that opportunity. The publication of this report ought to have been a moment that brought recognition, some relief and some comfort to survivors, who are well aware that they did nothing wrong. They know full well that they were wronged.

There is absolutely no doubt, however, that the majority of survivors feel deeply hurt and let down. Some have referred to it as a "whitewash" and as an "incomplete cop-out". They have articulated powerfully a sense of abandonment after waiting six long years.

It is not difficult to understand why survivors feel this way. It is because they presented their testimony so that they would be believed. Yet, the report has disregarded much of the testimony of survivors and, in so doing, has reached some breathtaking conclusions. The first is that there is no evidence of forced adoptions and the second is that there is no evidence of abuse. Let me be clear: the testimonies of the survivors are the evidence and they represent the best evidence. To treat this testimony merely as anecdotal statements is wrong and scandalous. I believe it needs to be put right.

On her visits to Ireland two years ago, the UN special rapporteur on the sale and exploitation of children highlighted in her submission to the commission the issue of forced adoption and the falsifying of birth records. The Clann Project did the same in its submission. Survivors are aghast at how their testimonies have been treated. They have been selectively edited, paraphrased and used as quotes to summarise specific issues and points.

Survivors naturally assumed that their full testimonies would be included in the report. They are justifiably appalled that this did not happen. So badly have some of their testimonies been handled that many survivors are finding real difficulty in identifying their own evidence. Survivors have yet to receive transcripts of their evidence. This is absolutely unacceptable and it needs to be rectified now.

Many of the flaws and shortcomings of the report are in large part due to the limitations of the commission's terms of reference. I make the point not to excuse in any way those erroneous findings to which I have referred and to which I will return. The terms of reference have been a cause of concern all along, so much so that over 120 individuals and groups lodged submissions with the Minister for Children and Youth Affairs before they were finalised by the Government in early 2015. The Government was aware of the shortcomings. Now, regardless of what is written in the report, the people of Ireland know who they believe. They believe the survivors. Forced adoption was a significant feature of the mother and baby homes and the whole apparatus of oppression and the adoption system throughout the island.

Those incarcerated in these places were routinely abused mentally and physically. They were degraded. These allegations of physical, emotional and mental abuse need to be investigated properly because this report, just like the McAleese report into the Magdalen laundries before it, has played down significantly the evidence and the reality of these experiences. It has been very frustrating for survivors that the Minister, Deputy O'Gorman, has said the language of the report, while legalistic in nature, in no way invalidates the testimonies of survivors. That is exactly what it does, and the Minister needs to recognise this fact.

Survivors are deeply hurt by any contention that responsibility lies with the whole of Irish society, that somehow it was everybody's fault, because nothing could be further from the truth. The Ireland of the time was controlled and run by a "church-State". From education to healthcare to social services and even to enterprise and trade, the Catholic Church was hardwired into every facet of public policy. The State and the Catholic Church and other churches and organisations coalesced in the establishment and the running of these cruel religious prisons. It is the State, however, that bears ultimate responsibility for outsourcing its responsibilities to these religious orders and organisations. It is responsible for what happened and for the violation of women's most basic rights. It is but one chapter in the catalogue of how this State has so badly failed women and girls, a heartbreaking litany of failure that runs across generations. It is evoked by the names of Joanne Hayes, Ann Lovett, Brigid McCole, Savita Halappanavar, Emma Mhic Mhathúna and Irene Teap. It underlines the bravery of women such as Vicky Phelan. Then there are the names we do not know: the single-parent families so badly treated and the homeless families swept into emergency accommodation and living in poverty, inequalities of which women bear the brunt. The State's failure of women is not only history; it is the story of today too. We should not forget that as we speak the State still maintains a system of direct provision. We simply cannot sleepwalk the Deputies of 30 years' time into a repeat of what is happening now and an investigation into that inhumane system.

The recommendations of the report relating to survivors having access to their information and records are also flawed. The right to a birth certificate is especially important for survivors and their families. Yesterday my colleague, Deputy Funchion, published a Bill that will allow for adopted persons over the age of 18 to access full information on their birth. This is a crucial first step, and I urge all Deputies to support that legislation when it comes before the House.

It is the view of many survivors and their advocates that the scope of the commission, only 18 institutions, prevented it from uncovering the full extent of the horror of the mother and baby homes, and I share that concern. There are 182 identifiable institutions. From the 18 homes covered in the report, we know that 9,000 children perished in these places. We also know, however, that this is but a glimpse of the full horror. All identifiable institutions must be fully investigated and provision must be made for excavations at sites where survivors and families know that their children or relatives are buried, even if they cannot pinpoint the exact spots. Every mother and every family has the right to know where their child or relative is buried.

Sinn Féin will address these sensitive but crucially important matters when considering the general scheme of the certain institutional burials Bill. A rights-based redress scheme is absolutely essential in ensuring a survivor-centred approach. I know that the Minister, Deputy O'Gorman, yesterday met with the Oireachtas children committee to discuss a framework for that scheme.

All those impacted by the report must have access to redress, and no restrictive criteria should be put in place that exclude any survivor. The message to the Government must be this: get this right and get it in place as soon as possible. The Government must listen clearly to the calls of survivors. The obvious starting point is to implement the extensive recommendations of the collaborative forum that have been on the shelf in the Department gathering dust since 2018. It is a source of real anger among the survivor communities that this is the case. The failure to act on these recommendations only further erodes trust in the Government. Survivors want action and real supports. These have to include dedicated access to counselling and well-being services as well as dedicated support workers to facilitate access to health and housing services.

In the coming weeks the Executive in the North will receive the report of the investigation into the operation of mother and baby homes in the Six Counties, the Gillespie report. Joint First Minister Michelle O'Neill has made it very clear that she will do whatever is required to deliver truth and justice to survivors, and I hope and I firmly believe that all colleagues on the Northern Executive will follow her lead. Of course, we await publication of the report. I believe, however, that the very best interests of the survivor community will be served by a joined-up, co-ordinated, all-island approach in dealing with this awful legacy. Women, girls and children were brutalised in mother and baby homes, county homes and other institutions. Many perished. Many survived and made it out. They are with us today and they are strong and inspirational people. Their words are evidence in the purest and most reliable form. Their testimonies and their voices demand accountability and justice. Now is the moment and now is the duty of the Government to see that that is what they have.

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