Ruairi Quinn (Dublin South East, Labour)

I thank Senator Leyden for raising this issue. Unfortunately, the Minister for Justice and Equality, Deputy Shatter, is away on European business and could not attend in person. He has asked me to address the issue on his behalf.

The Minister spoke recently in the Dáil on this important matter. He asked me to point out that he has long believed the issues raised by or on behalf of those women and girls who were resident in the Magdalene laundries must be addressed. He has great sympathy for those women who feel wronged and, in common with his Cabinet colleagues, wants to help in bringing closure to this for the individuals concerned. Members will know that 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, Inhuman or Degrading Treatment or Punishment. The committee in its statement acknowledged Ireland's commitment to engage in a constructive manner and commended us on significant progress in recent years in a number of areas, including the prevention of domestic violence and human trafficking. Its concluding observations cover a wide range of areas from prison conditions to the total prohibition of corporal punishment, the Magdalene laundries, the follow up to the Ryan report and the processing of applications for refugee status, all of which impact on the remit of several Departments.

Specifically on the Magdalene laundries and the topic of this debate, 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 was allegedly committed in the laundries and, in appropriate cases, prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed and ensure all victims obtain redress and have an enforceable right to compensation, including the means for rehabilitation.

In conjunction with his Cabinet colleagues, the Minister has noted and will closely examine the concluding observations and recommendations of the committee. They deserve our full consideration. It is the least we can do for these women and the difficulties they experienced from living in the laundries. The Minister is also taking into account the assessment published by the Irish Human Rights Commission on 9 November 2010 of the request by the Justice for Magdalenes, JFM, group to carry out an inquiry under section 9 of the Human Rights Commission Act 2000 into the treatment of women and girls who resided in Magdalene laundries. The Irish Human Rights Commission decided not to carry out a statutory inquiry itself, which it is entitled to do under the legislation which established it and which was requested by JFM. It recommended that a statutory mechanism be established to investigate the matters advanced by JFM and, in appropriate cases, to grant redress where warranted. It stated that such a mechanism should first examine the State's involvement in and responsibility for those entering laundries, their conditions, their departure and end-of-life issues. In the event of State involvement or responsibility being established, a larger review should be conducted and redress considered. This assessment, which was the subject of an Adjournment debate in the Dáil on the same evening, raised issues for a range of Departments as well as the four religious congregations who operated the Magdalene institutions. The Irish Human Rights Commission did not make a finding as to whether or to what extent there were abuses nor did it make any finding as to who was responsible.

Senior officials from the Department of Justice and Equality previously met individuals who were resident in the laundries, along with interest groups campaigning on their behalf. The Minister asked me to assure the Senator that they have all been listened to, no one doubts their integrity or commitment and their position is clearly understood and respected. Any records that are available to the Department have been made available to the groups concerned. Furthermore, the Minister gives his assurance that his Department will continue to provide whatever assistance it can to individuals and groups seeking access to records, many of which, unfortunately, are poor or incomplete.

There were many different circumstances that led to women becoming resident in the laundries. Unfortunately, due to the lapse of time and lack of available records, there are difficulties in establishing the facts of what actually happened and the numbers involved. We know there were ten Magdalene laundries in this jurisdiction which were privately run by four different religious orders and which predate the foundation of the State. They were not State institutions and their records are a matter for the individual religious congregations, which of course adds to the difficulty for everyone in establishing a clear picture of what went on and the numbers involved. It seems, however, that the majority of females who entered or were placed in Magdalene laundries did so by private arrangements and without any direct involvement of the State. It appears many of them entered due to poverty, family or other circumstances.

As regards the involvement of the criminal justice system, all of the available evidence at this stage suggests that the number of women who entered such institutions through that system was small and that the periods of remand were for days rather than weeks or months. The Minister is aware of only one institution, St. Mary's Magdalene Asylum on Seán McDermott Street in Dublin, which was approved for use in October 1960 as a remand institution for female persons pursuant to the Criminal Justice Act 1960. It is worth noting that no complaints have been received from any of these women.

The Minister believes a comprehensive examination of the facts is now required and, with that in mind, has been preparing proposals for the Government on the question of Magdalene laundries. I can confirm that his proposals were substantially completed last week and a draft memorandum for Government has been prepared. The memorandum took into account the report of the Irish Human Rights Commission and has now been amended to take into account the observations of the UN Committee Against Torture which were only published on 6 June. The memorandum was circulated earlier this week for consideration by his Cabinet colleagues at the next appropriate Government meeting either on 14 June or, if that is not possible, the following week. Members can be assured that full consideration will be given to the implications of these reports and the Government decision will be communicated in due course.

Once again, I thank the Senator for the opportunity to speak on this issue. I assure him the Government is sympathetic to these women, understands and respects their position and will do what it can to advance matters and help bring about closure for those involved.