Rónán Mullen (Independent)

It would be wrong for Members not to welcome the Government's announcement of an interdepartmental committee in response to the initiative of the Justice for Magdalenes group and to examine bringing about what has been well described by the Government as a restorative and reconciliation process. My hope for the work of the aforementioned committee is, first, that it will be given the time it needs to do its work and, second, that it will enjoy co-operation and goodwill from all parties involved. I do not doubt but that the religious orders and State parties will be forthcoming in the provision of full information and records to assist the committee in doing its work. It has been stated that the United Nations Committee against Torture and the Irish Human Rights Commission already have found the State wanting but it is important that the committee should do its work. It would be interesting to consider whether or at what stage the Seanad could have a debate on the issue, whether Members should await the outcome of the committee's work or whether they should have some input in the meantime.

I hope there will be a fair assessment of the undeniable cruelties of our past and that the work of this committee may lead us in the direction of avoiding unnecessary playing of the blame game. I seek an honest examination of all the issues involved, including the poverty that was very much part of the Ireland of the past, a reasonable examination of those orders which provided care when nobody else would, as well as consideration of the responsibility of the families in these cases, who in many cases were extremely derelict in their duties. There often can be an attempt to scapegoat church and State and while church and State may well be deserving of blame, perhaps insufficient attention has been paid to the role of, and dereliction of duty within, families. This also must be part of the story. I wish that committee well and hope its work eventually will bring healing and more to those who undeniably were wronged in the past.

It also is the case that a referendum on judges' pay will be held in October and given the rate at which referendums are being announced, it may not be necessary to hold a constitutional convention as the Constitution will undergo radical reform in any event if all these referendums pass. On the issue of judges' pay an unhealthy populism should be avoided. There are extremely good reasons for the constitutional entrenchment of judges' pay. In the past, judges were subject to bribery and to threat. For example, one scholar has noted that Charles I of England got into the habit of putting questions to judges about the legality of his proposed actions and the fear of instant dismissal exposed those judges frequently to the temptation of giving him the answer they knew he sought.