Dara Calleary (Mayo, Fianna Fail)
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Question 4: To ask the Minister for Justice and Equality the reason he did not opt to establish a full statutory inquiry into allegations of torture and degrading treatment of women committed to Magdalene Laundries as recommended by the UN Committee Against Torture. [16787/11]

Alan Shatter (Dublin South, Fine Gael)
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The UN Committee against Torture issued its concluding observations on Monday, 6 June, following Ireland's first examination in Geneva last month under Article 19 of the UN Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Its concluding observations cover a wide range of areas that impact on the remit of several Departments.

In respect of the Magdalene laundries, the committee recommended that the "State should institute prompt, independent, and thorough investigations into all allegations of torture, and other cruel, inhuman or degrading treatment or punishment that were allegedly committed in the Magdalen Laundries and, in appropriate cases, prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed, and ensure that all victims obtain redress and have an enforceable right to compensation including the means for as full rehabilitation as possible". The committee did not specifically recommend the establishment of a statutory inquiry. Indeed, the recommendation clearly envisages criminal investigations leading to prosecutions where appropriate. Any information or specific complaint that might constitute a criminal offence should be brought to the attention of the Garda for the matter to be fully investigated and to facilitate any prosecution that should ensue.

Under our legal system, statutory inquiries have no role to play in the prosecution of offences nor do they have a role in determining enforceable rights to compensation. Members will know that the Government decided on a number of actions following its meeting last week, which considered the circumstances of the women and girls who resided in the Magdalene laundries. The Government believes it is essential to establish the true facts and circumstances relating to the laundries as a first step. Along with my colleague, the Minister of State with responsibility for disability, equality, mental health and older people, I am following up on this decision with the relevant parties. This will include discussions on the making available of records maintained by the congregations and the provision of information concerning the number of persons currently residing with or in the care of the religious congregations who originally commenced such residence in the laundries and who have remained in the congregations' care. The putting in place of a restorative and reconciliation process and the structure that might be utilised to facilitate such a process will also form part of these discussions.

An inter-departmental committee, chaired by an independent person, will also be set up to establish the full extent of State involvement. It was agreed by the Government that an initial report on progress made by the committee should be made to the Cabinet within three months of its establishment.

Dara Calleary (Mayo, Fianna Fail)
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In regard to the chairperson of the committee, what type of person does the Minister have in mind? Will the chairperson be someone with a legal or non-legal background? Given that the Minister has given a commitment to revert within three months with a progress report, when can we expect the appointment to be made?

The Minister referred to obtaining information from congregations. What other Departments will be involved in the interdepartmental committee? Given that we now know that many State institutions were using these laundries at the time, will the Minister seek records from, say, the former Department of Industry and Commerce and so on in an effort to find out what relationship they had with the management of the laundries and what they knew about conditions therein?

Alan Shatter (Dublin South, Fine Gael)
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We are giving consideration to the person who should be appointed as chairperson of the group. It will be a person of stature, whose independence will not be open to question. I hope to be in a position to announce the name of the person within the next ten days.

As regards the group, it will be required to produce a report within three months on what progress has been made. I do not want to assume, however, that its work will be completed within that period. We regard it as absolutely important and crucial that any information or documentation available to the Government that gives an insight into the level of departmental involvement or contact with the Magdalene laundries be brought together and included in a coherent and detailed narrative. All relevant Departments which retain such information will be represented on the interdepartmental committee.

Dara Calleary (Mayo, Fianna Fail)
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On 7 June Professor Maurice Manning of the Human Rights Commission referred on RTE to a wall of official indifference in relation to the work of the commission on this matter. Will the Minister guarantee that both he and the Minister of State, Deputy Lynch, will instruct that that wall of official indifference be taken down for the duration of the investigation?

Alan Shatter (Dublin South, Fine Gael)
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I presume the wall of official indifference to which Professor Manning, as president of the Human Rights Commission, was referring was the indifference shown during the term of office of the previous Government which failed to address this issue or put in place the structures the Government of which I am a member is putting in place which it sees as part of a process. Consultations with the religious congregations and representatives of those who lived in the Magdalene laundries will be held shortly. I am committed to ensuring the investigation of the events surrounding the residents of the Magdalene laundries and people who worked therein and the extent to which the State had an engagement of any description. The interdepartmental committee will be required to address these issues and I look forward to the meetings that will take place. Former residents of the laundries are particularly concerned about the establishment of a restorative and reconciliation process. It is hoped the Minister of State, Deputy Lynch, and I will be able to facilitate the putting in place of such a process by agreement with all concerned.

Dara Calleary (Mayo, Fianna Fail)
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Will the meetings be held in public or private?

Alan Shatter (Dublin South, Fine Gael)
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The meetings with the groups will be private to give everyone an opportunity to discuss how we should proceed. We want to ensure records will be made available by the congregations and will be accessible. The interdepartmental committee will meet and a report will be produced, following which further conclusions from the interactions will have to be drawn.