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Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Second Stage (14 Oct 2020)

Mary Seery Kearney: That is shameful commentary in our national Parliament.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Second Stage (14 Oct 2020)

Mary Seery Kearney: It is not different. That is shameful.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Second Stage (14 Oct 2020)

Mary Seery Kearney: Hear, hear.

Seanad: An tOrd Gnó - Order of Business (16 Oct 2020)

Mary Seery Kearney: I echo the sentiments and spirit of Senator McGreehan's proposal on the basis that I have had the experience myself, when dining in Kings Inns, of a senior member of the Law Library asking me what school I went to. When I replied, the next comment was, "How very remiss of your parents." I support her views. I have three points to raise with regard to the changing environment and our...

Seanad: An tOrd Gnó - Order of Business (16 Oct 2020)

Mary Seery Kearney: Returns policies usually apply for 28 days so if one does one's Christmas shopping now, it will not be possible to return the gifts after Christmas. We need to support the Consumer Association of Ireland, with funding or otherwise, in getting out the information and ensure that where there is a need for exchange policies, it is broadcast and supported so that we have social distancing and a...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: My understanding of what is happening with this legislation is perhaps overly simplistic and I may stand corrected before the day is out. My understanding is that a unique database was created when the commission was carrying out its work and that this database has not been covered by the 2004 Act. The commission itself was founded under the 2004 Act. The 2004 Act prescribes the collection...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I, too, have been extraordinarily moved by all of the contributions. I am grateful to Senator Boyhan for his honesty, transparency and passion. Equally, I am always impressed by Senator Higgins's passion. I am conflicted by this legislation as is the Minister. It is not how we want this legislation to be but needs must because time is of the essence. I oppose the amendment, not because I...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: For clarification purposes, perhaps my emphasis was misplaced. The statutory instrument particularly states the confidential committee shall produce a report of a general nature. All that should happen, and all that should result at the end of the confidential committee's work should be the general report and not a lot of documents or anything that would constitute evidence. My point is it...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: Similarly records should not have been arising in that instance. If we are adhering to what is here, there should only be a general report.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I have full confidence in Judge Murphy, having read all she has produced on previous commissions. I have full confidence in her integrity in ensuring the statutory instrument is completely adhered to. This is my main point. I observed at first hand the Gacaca courts in Rwanda, which was the manner of dealing with the necessity of putting on record the history and truth of people's...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: This is about the database. The net point is the database. It is not about the bigger issue; it is about the database. There is a means of resolving it. I was not here in 2015. I had no say as we were not in this, as Senator McDowell eloquently said, but we should not.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I am not saying they are supporters of the Minister. I have not stated that. To delay the report is to also delay justice.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: Yes, I have spoken to survivors.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I am happy to agree

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: The Bill is about the database. It is not about the bigger issue. It is a net point of the database.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I have already expressed my reservations about how Tusla is handling the data. Some of the emails - I have subsequently spoken to some of the people who sent them - have been quite appalling in detailing a lack of sensitivity and Tusla's absoluteness about how it handles the data. I support section 2 and oppose the amendment on the basis of the Minister's stated intention to advance a more...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I will be brief. I have sympathy with the position of Senator Higgins, which I appreciate, as she knows. We are of one mind on Tusla and the Data Protection Act. I think this is a belt-and-braces approach when, in actual fact, primary or secondary legislation, or anything that flows from the original Acts, should automatically be adhered to and be conditional on the proviso that the...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: Within section 3, I see-----

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I will speak to the amendment then. I thank you for your precision, a Leas-Chathaoirligh. The amendments relate to the application of data protection legislation. In this section, I see the Minister having the scope and the power to have further legislation that provides for many of the concerns he has taken on board in the process of this debate and with the Attorney General's advice. It...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Mary Seery Kearney: I will not delay. I see this section as merely providing an extension to the agency, insofar as section 45 of the 2004 Act is operative. It just extends the requirement to Tusla as well as the Minister but it does not stop the transfer. I do not see that it has that consequence.

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