Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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17. To ask the Minister for Children and Youth Affairs if she has considered pursuing an injunction on sites in which mother and baby homes and county homes are located; the action she will take to ensure potential sites of interest remain untampered with; the status of the site at Tuam; and if she will make a statement on the matter. [15276/17]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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Baineann an cheist seo leis na tithe máithreacha agus leanaí. As the Minister knows, there has been a great deal of discussion regarding recent revelations in Tuam. However, a great deal of the discussion subsequently has related not only to Tuam but to many other locations and the possibility that there may be unmarked graves. My question relates to the steps the Government intends to take to ensure that any of those possible unmarked graves are not interfered with.

Katherine Zappone (Dublin South West, Independent)
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It is important to appreciate that these institutions ceased operating many decades ago. The reality is that many of the buildings and sites which accommodated mother and baby homes and county homes have evolved significantly in the intervening years. These locations are now being used for a wide array of different activities and purposes, ranging from housing estates to private health care facilities and hotels. In some cases nothing remains of the former institutions and the locations are not in public ownership. In these circumstances, we would have to be clear about the exact purpose of seeking any injunction.

With regard to the former home in Tuam, we know that the site which was recently excavated by the commission is owned by Galway County Council. I have visited the site twice and it includes green spaces and children's play facilities alongside the memorial garden, which was maintained for years by local residents. The site was sealed and secured by the commission upon conclusion of its excavation. While the commission has advised that it has now concluded its physical excavations at Tuam, it has not yet reached any formal conclusions about the site.

In the first instance, the local coroner will wish to conclude his own formal processes and to decide on any further inquiries he may wish to make. While it will take some time to address all the questions which have arisen, I want to ensure that there is a sensitive and inclusive process of engagement with the local community, survivors and other parties with personal and family connections in respect of this site.

In the case of other relevant locations, the commission continues its work to examine the reporting of deaths and burial arrangements with regard to the 14 mother and baby homes and the identified sample of county homes. As an independent investigation, it is a matter for the commission to decide the approach it takes to these investigations. I have no role in these decisions. However, I am satisfied that the commission has sufficient powers, expertise and resources to progress these investigations in the public interest. It has clearly demonstrated that it can do so.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I thank the Minister for her answer. This matter was the subject of the Private Members' motion we discussed last week, the fate of which is as yet unclear. It will be voted on on Thursday but may well be defeated. If it is defeated, will the Minister consider some of the valuable proposals in the motion? One proposal sought to put in place an injunction or possibly other means to ensure that these sites of possible interest are protected in order that they can be investigated. Notwithstanding the points the Minister made that the uses of some of the sites have changed and many of them have been closed for several decades, not all of them have been. Some of them were still open until the late 1980s and early 1990s and some remain as they were. While I accept that the commission has a specific role in the matter, it cannot put in place any injunction or take any executive action, for want of a better term, to ensure that the sites are not interfered with. That is purely the remit of the Government and it will have documentation from the commission of investigation to guide it in the manner in which it acts.

Katherine Zappone (Dublin South West, Independent)
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I am aware that the matter touches on the motion the Deputy tabled and I have already indicated in my response to the motion that it contains a number of proposals which I am considering and which we will facilitate and investigate. A certain amount of reflection and work is needed in order to make decisions to put in place the best response so that the whole truth is recovered.

Regarding the specific issue of an injunction, to which the Deputy refers in the question, I am advised that such applications cannot be sought on a preventative basis and that they are temporary in nature and used to prevent an imminent action from damaging the interests of the party who makes the application. I am not aware of specific circumstances in which such a consideration applies.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I suggest that it would very likely be in the State's interest to intervene in situations in which there is a potential development in this regard, such as may be the case in a number of locations.

It is my understanding that the second interim report was before Cabinet this morning. On 27 July last year, the Minister issued a press release that stated that the commission was to report back in September. The Minister has committed to publishing such a report by the end of the month. It has still not been published, to my knowledge. I presume it will be published in the coming days. When does she intend to publish it? Furthermore, will the Minister outline the reason for the delay? The second interim report has been with her and her Department for some six months. This has caused a great deal of concern and anxiety among survivors. It is important we get a sense of the reason for the inordinate delay in the publication of the report. Furthermore, it has been reported that the report does not recommend an expansion of the terms of reference. This being the case, I believe that the commission is no longer fit for purpose.

Katherine Zappone (Dublin South West, Independent)
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I am interested in Deputy Ó Laoghaire's comments on this matter. However, I will bring my response back to his original question to me. I will take up some of the other issues later in response to other questions.

Again, regarding the question of making decisions to bring forward injunctions, the Deputy argues the Government has a responsibility to do so and that it is something we should consider. I am saying I am not necessarily unwilling to consider it but I understand from the advice I have received that in order to do so we need to have it brought to our attention that there are some real concerns about a preventative measure in respect of different sites that may require an injunction on the basis of people who have an interest in that regard. I am open to hearing from these people and reconsidering the issue.