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Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Kathleen Funchion: ...I remind members who are participating remotely to keep their device on mute until they are invited to speak. When they are speaking I ask that, where possible, they have their camera switched on and be mindful that we are in public session. In addition, I remind members of the constitutional requirement that they must be physically present within the confines of the place where...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

...Corless: I thank the committee for the opportunity to be here. We really appreciate it as part of a final effort to pass this legislation as soon as possible. I am a researcher into Tuam mother and baby home. My research revealed the tragic fact that 796 babies and young children died in the Tuam home in the years in which it was run by the Sisters of Bon Secours, from 1925 to 1961....

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Ms Susan Lohan: I thank the committee for inviting us here today to respond to the proposed burials Bill. I am the co-founder of Adoption Rights Alliance. I am joined by my fellow advocate and survivor, Ms Mary Harney. We are pleased to be here today. I am an adopted person, separated from my mother immediately after birth. Ms Harney was born in the Bessborough mother and baby home in...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

...'Rourke: The committee will be aware that the coroner has a statutory obligation to hold an inquest if she or he considers that a death may have occurred in a violent or unnatural manner, suddenly and from unknown causes, or in a location or circumstances that require an inquest, for example, in prison. The Coroners Act 1962 also empowers the Attorney General to direct a coroner to hold...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Cathal Crowe: I confirm that I am in the precincts of Leinster House. Like others, I begin by thanking Catherine Corless. Without her, we would not be at this point today concerning engagement with victims and survivors. We are trying to bring about justice for all those not just associated with Tuam but also the entire mother and baby system that prevailed in Ireland for far too long. What a horrible...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Cathal Crowe: ...there are levels of legality which allow for coroner assessments. In the case of someone who died on the battlefield, we know he or she died on the battlefield. We do not know how the children in mother and baby homes died. What I am saying is that there is long-established legal procedure both in Britain and on the Continent that allows, albeit in a very different context, for...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: ...that. One of the recommendations or things that I have discussed with the Minister is the possibility of running the timeline arising out of this pre-legislative scrutiny parallel to that of the mother and baby home timeline, namely to commence it at 1922. It would make sense to bring it along and expand it to that. I hope that would be one of the recommendations that would come out of...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Dr. Maeve O'Rourke: Not having the coroner involved means the Government only plans to attempt to identify who the deceased are and to assist their reinterment in a very limited circumstance and possibly only in one or, maybe, two institutions, so accountability is completely absent and family members do not get to see information. It is similar to, but even worse than, the problems of...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Professor Ray Murphy: On behalf of IHREC, I thank the Chair and the members of the joint committee for their invitation to appear here today. I am joined by our senior policy and research officer, Ms Sinéad Fitzpatrick. We are delighted to have an opportunity to contribute further, following on from our written submission. We have set out in writing the relevant human rights and...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

...for his question. At the outset I say “No”. The legislation is seriously deficient in a number of respects. Broadly speaking, it needs to be redrafted so that it has a clearer human rights and equality framework. In listing the more specific deficiencies that we have identified in our broader report, the 70-year time limit in the legislation should be removed or...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Cathal Crowe: That is a point well made. I largely agree with what Professor Murphy is saying. Many people's lives are caught up in this, both survivors and unfortunately little babies who just are not in this world any more. They have passed on to another world, tragically. Their stories need to be told. There are 168 in Kilrush in Clare, my own county. There was an inordinate amount of deaths. In...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mark Ward: I thank the Chair and the witnesses. We have the opportunity to make right the wrongs of the horrors of the mother and baby homes. A key paragraph in Mr. Murphy's opening submission states: "A key task for this committee will be to deliver effective legislation that will, as far as practicable, protect and preserve mass graves, such as Tuam, and provide for the identification of, and where...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Professor Ray Murphy: Forgive me. I was speaking, and I thought I said this, in respect of the Tuam mother and baby home. It is the one I am most familiar with because I live in Galway. I would stress at every stage that the survivors are more than able to speak on their behalf and it is they to whom we should listen. I do not speak on behalf of the survivors and I apologise if I gave a...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Ms Doireann Ansbro: I thank the committee for the invitation to speak today. I am here with my colleague Ms Elizabeth Carthy, and both of us will be happy to answer any questions. The ICCL is an independent NGO that works to promote and protect human rights in Ireland. The ICCL does not represent particular groups but, rather, works to ensure the Government fulfils its human rights...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

...assured that we very much agree with him on this issue. Some issues that will be highlighted in the report relate to the fact that at the moment, the coronial system operates on a part-time basis and is under-resourced, and there is not sufficient training for people in their posts or newcomers. We consider that the coronial system as a whole needs to be reformed, and I can go into more...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Ms Doireann Ansbro: -----was on who would be the witnesses at inquests. One of the fundamental problematic aspects of what came out of the mother and baby homes commission's reports for us, particularly what was its fifth report, which came out in 2019, was the idea that the commission believed there are people in Ireland who have a lot of information about mother and baby homes, about...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Jennifer Murnane O'Connor: I thank the two witnesses, Ms Ansbro and Ms Carthy, for that good information provided. Last month, the Irish Council for Civil Liberties asked the UN to request that the Government set up an independent investigation into mother and baby homes and the illegal adoption in Ireland in the 20th century. Can Ms Ansbro tell me what the UN's response was? I would welcome this. There are too...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Ms Doireann Ansbro: I will respond to the third question and then hand over to my colleague, Ms. Carthy, who will respond to the first two. In terms of whether we would like to see the Minister for Justice or the Attorney General asking the coroner service to get involved, the answer is "Yes". This is overdue and the coroner most certainly should be involved. There is clear, triggering...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

..., a transitional justice approach provides a response to widespread human rights violations. It is particularly appropriate in the context of the human rights violations that occurred in mother and baby homes. One of the key components of a transitional justice approach is that it puts survivors at the centre, which is important in this context. It is based on the pillars of truth,...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mark Ward: ...to documents. We saw how public confidence was absolutely rocked when this came up in the recent past. As mentioned in the statement, the proposed Bill provides for the sealing of documents and records for a period of 30 years. Access to this information is of the utmost importance, as has been said, and has taken on particular significance in the context of justice for the survivors of...