Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank the Deputy for raising this important matter. I understand the anger of survivors regarding the deletion of tapes. For a long time, they have felt that their voices have not been heard and this action is compounding that anger and frustration.

I am aware of recent calls for the timeframe of the commission to be extended to enable it to deal with concerns relating to the audio recordings made by the confidential committee. The commission is independent in its operation. It has stated that each witness at the confidential committee was given a guarantee of complete anonymity and it was for this reason that the tapes were deleted. The commission has repeatedly stated that this process and the associated actions were carried out with the knowledge of survivors. However, as Deputy Smyth has said, it is clear some survivors do not share that view.

Since the concerns about the deletion of the audiotape was brought to my attention, I have engaged intensively with the Attorney General, the Data Protection Commissioner and the commission of investigation on this point. I am working to achieve a solution that ensures that survivors' voices are heard. As I stated to the Joint Committee on Children, Disability, Equality and Integration earlier this week, on 8 February I wrote to the commission of investigation to ask it to ascertain whether the deleted recordings could be retrieved. The commission replied to me on Tuesday, stating, "It seems we are unable to retrieve the recordings".

However, I am engaging further with the commission so I can conclusively ascertain whether there are any available technical solutions which may allow the retrieval of the missing data and this engagement is ongoing. When the issue of the deleted audio files was raised I asked my officials to examine whether the right to rectification under Article 16 of GDPR could be applied as a mechanism to address the issue of deleted tape recordings. This gives data subjects the right to have incomplete personal data about themselves completed, including by means of providing a supplementary statement. This is one of a number of GDPR rights that survivors of the mother and baby homes may be entitled to.

When the commission is dissolved, its archive will transfer to my Department. I know from my engagement with survivors how important access to information is, in particular access to personal information within the archive. Last October, the Attorney General clarified that when the archive transfers to my Department the rights of GDPR will apply. This was an important development and opens up the possibility of survivors being able to access crucial personal information in the archive.

My officials are preparing intensively for the Department's role in the management of the archive and are committed to having robust processes in place for managing information access requests in full compliance with GDPR. We have worked with the Data Protection Commissioner and sought advice from the Attorney General and external data protection experts on this point.

While I remain open to exploring all of the avenues that will best serve survivors, at this point it is not clear that additional time for the commission will necessarily assist in this regard. In practical terms, the commission has commenced the initial process of transferring its records to my Department. If it was extended, with the archive transferring to my Department as suggested, it is difficult to see how it could engage with any further investigation if it did not have access to its records.

If there was legislation for an extension, with the archive remaining with the commission, this would mean the commission would remain as data controller and make decisions on subject access requests, which it has always denied up to this point. The possibility of an extension also raises complex legal questions. I am engaging with the Attorney General on the specific matters. It is unclear how a proposed extension could overcome the complex legal matters associated with such a move or how best survivors could be served, in particular those who seek access to the commission's archive.

A decision on further action will be informed by the ongoing urgent engagement that is taking place with the commission, the Data Protection Commissioner and the Attorney General. I am happy to update the Deputy and the House on any further developments.

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