Dáil debates

Wednesday, 24 February 2021

Commission of Investigation into Mother and Baby Homes: Motion [Private Members]

 

12:20 pm

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank Deputies for their contributions to this debate. The motion put forward by the Social Democrats outlines why they believe that an extension to the term of the commission is necessary. Their proposal is "to extend the term of the Commission for another 12 months... to facilitate a review... into the destruction of the recordings and allow for any potential salvage of remaining testimony". It is positive, for some, that this extension does not need to happen now because the resulting outcome has already been met. The tapes and the stories they contain have been found.

However, this development raises issues. A total of 80 people have already come forward to request that their recordings be redacted. They say they only engaged with the commission because they believed their stories would not be made public and the tapes would be destroyed to protect their privacy. The motion brought forward today states that "many survivors have refuted the Commission's claim that permission was sought from witnesses regarding the destruction of their testimonies". There is no mention, however, of the many other survivors who state that they engaged solely on the basis that their testimonies would be redacted.

I spoke to a woman called Sheila last night. Deputies may know her because she stood outside Leinster House for the past four years and spoke to us as we went into the House to deal with the different motions that came before us. She told Members that she wanted her story to be heard, her pain to be removed and for the Government to make amends. I spoke to representatives of Aontas yesterday who told me that they do not want the term of the commission extended. They want us to start the information and tracing process and to begin looking at the burials legislation. I spoke to Pat and Liam, representatives of the Tuam Mother and Baby Home Alliance, to which Deputy Grealish referred, who told me that members of their group want access to their medical cards. They do not want the term of the commission to be extended; they want access to information and supports. Sheila told me that she has not been contacted by any member of the Opposition. She rang me because she is terrified that the term of the commission will be extended. She pointed out that she and her fellow survivors are getting older and that extending the term would mean that, yet again, she will be left waiting for redress, reparations and closure.

I am not putting the cohort of survivors to whom I have spoken up against the cohort to whom the Opposition has spoken. I am telling the story of Sheila only to highlight the fact that survivors of mother and baby homes are not one homogenous group. They do not have one grand need or want from the Government. Each of them has his or her own experiences and needs. I know this and Members opposite know this. For anyone to bunch survivors together once again for questionable political gains, with catchy hashtags and headline-grabbing sound bites, is disheartening. Nobody should be trying to utilise or weaponise survivors' trauma for their own gain, whether in politics, academia or otherwise. As a Parliament, and as a society, we can and must do better. Survivors deserve that and society as a whole deserves it.

I am always happy to sit across from the Opposition. When I was in opposition, I was happy to sit across from the Government. I am happy to debate, criticise, be challenged and held to account. However, on this issue, it is not fair for the Opposition to cast government in the role of some kind of villain. Since I was first elected to this Chamber, I have always wanted justice for mother and baby home survivors. That has not and will not change. The Minister, Deputy O'Gorman, and my other colleagues in government have always focused on the concerns of survivors. He has successfully engaged with the commission and secured the audio recordings of the confidential committee.

The fact that those recordings were destroyed and then, apparently, not destroyed is like something out of an episode of "Father Ted". The content of the tapes should always have been treated as sacred. If I were to track an IKEA delivery to my home in east Galway, I would know how it was progressing, bit by bit, all the way along. The same should have happened with these files. They should have been minded like the most precious items. Only for the Minister's continuous engagement with them, they would have been destroyed. That is why I am relieved that he will become the data controller of the records from 28 February. He can then provide an avenue for those who consented to the recording of their interview to seek access to their personal data. He can also ensure that those who want their testimonies redacted have that right.

We need to learn from this issue and consider how commissions of investigations operate. It is not right or proper that survivors have their trust in institutions shaken yet again. The Government has accepted the commission's report and recommendations and has responded with a commitment to introduce a strategic action plan spanning 22 ambitious actions. Initial work is already under way on that plan and in respect of many of the actions. Access to birth and early life information, including one's birth certificate, is a fundamental issue and a top priority for the Government. Officials in the Department of Children, Equality, Disability, Integration and Youth are working with the Office of the Attorney General to advance information and tracing legislation, with a view to having heads of Bill ready by the end of March or early April.

The Government has also committed to a scheme of restorative recognition and has established an interdepartmental group, IDG, to support that work. The group held its first meeting on 4 February, will hold its second meeting tomorrow and will report back to the Minister by the end of April. It has been asked to develop detailed proposals for a restorative recognition scheme. Its work must take account of the specific groups identified by the commission but is not limited to those groups. This work will be underpinned by a human rights focus and informed by strong stakeholder consultation and an understanding of the criticisms that were made of previous commissions and schemes.

Restorative recognition is about more than just financial compensation. One strand of the scheme will involve the provision of an enhanced medical card, similar to that provided to former residents of Magdalen laundries, and the IDG proposals will encompass this element.

In the immediate term, counselling services are available for all former residents through the national counselling service of the HSE. This includes telephone and face-to-face counselling through an established nationwide network of counselling locations. All former residents will have access to a patient advocacy liaison support service. In addition, a targeted programme of health research will be undertaken to assist and inform the development of future service provision for former residents. Preparatory work on this research study has begun.

The overarching theme for all this work is a commitment to progressing it in a survivor-centred manner, characterised by continuous engagement with former residents and their representative groups, as well as survivors living overseas. This can happen only through a radically enhanced model of engagement of the scale necessary to support the many voices and perspectives in this space. The Minister is committed to establishing such a model, following consultation, and has met with the collaborative forum twice in the past two weeks to discuss this and other issues.

We have approached today's debate with the survivor at the centre of our considerations. The focus of the debate has been on seeking to engage on the concerns raised by survivors regarding the audio recordings. This focus has resulted in a positive outcome. Responding to the needs and wishes of survivors will be paramount as we focus on delivering on the Government's response to the commission's report.

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