Jim Higgins (Fine Gael)

I attended yesterday's meeting and I was impressed with the case put forward by One In Four. Presumably, as a very well organised group, it has legal advice and knows exactly what it is saying. This group has acquitted itself in a responsible manner and, as head of the group, Mr. O'Gorman has won admiration for the non-confrontational manner in which he has dealt with this issue. He made the following point yesterday:

Such an amendment will certainly result in people seeking to validate the truth of traumatic experiences as children being unable to get access to records and files currently available under the 1997 Act. It is an essential part of the healing process for people abused in childhood to be able to reclaim their stories, to name what was done to them. Often health and social care or educational flies will contain information essential to that process. Such files may not be specific to the person concerned but may refer to the institution, professional or authority involved or responsible for the abuse.

He proceeded to say:

Whilst the impact of the proposed amendment is perhaps most evident in relation to those of our citizens abused in industrial schools and institutions, it will, in our opinion, have similar effects on people abused in other settings. Let us take, for example, a case involving a woman sexually abused at the age of seven by a health care professional. In her 40s this woman began to feel a need to address what had happened to her. However, given her age at the time of the abuse and the nature of what happened, it was difficult for her to put words to her experiences. She found herself questioning her memories and indeed her sanity, she became depressed and suicidal. Finally, she heard that others had reported similar abuse perpetrated by the same alleged offender; she also discovered that health board files existed that might contain information relevant to her case. She made a complaint to the gardaí but following a DPP decision there is to be no prosecution in her case. She is now left feeling dismissed and disbelieved and is again depressed and suicidal.

Under the current legislation she might well be able to get access to health board files that will validate her memories and experiences. Then, with appropriate therapeutic support, she can move through this experience and work towards her recovery.

If the amendment is adopted this woman will not be allowed access to such files as they will not name her directly but they clearly may contain information relevant to her. We believe this woman has a right to such information and such cases powerfully demonstrate why a robust freedom of information process is essential.

The group has put forward this opinion on the basis of strong legal advice because it is a responsible organisation and has genuine and well-founded concerns in relation to the consequences of the amendment.