Jillian van Turnhout (Independent) | Oireachtas source

I welcome the Minister to the House. I welcome the changes he announced regarding the definition of women and the inclusion of sampling of county homes by the commission.

The existence of mother and baby homes is a stain on Ireland's social conscience. It is a shame we carry individually and as members of the collective that turned a blind eye to the abuse and suffering of women and children out of fear of and deference to the powerful. The isolation, hardship and suffering to which these women were subjected in the name of an honour and respectability that was dictated by religion, social class and conservatism is almost unthinkable in contemporary Ireland.

I acknowledge the outstanding work of a crusading historian, Catherine Corless. I wonder if we would be discussing the matter here today without her work. It shows the power of one and it highlights the importance of each of us being willing to stand up and be counted. We must ensure we do not turn a blind eye to what happened in the past and seek now to redress it.

I very much welcome the appointment of the chair, Judge Yvonne Murphy; the international legal expert on child protection and adoption, Dr. William Duncan; and the historian, Professor Mary Daly.

I am torn here because I have had different experiences of inquiries. I have had the experience of the reports on the Magdalen laundries and on symphysiotomy. However, I have had an equally powerful experience of the Ryan report and what followed with the implementation plan. The Ryan report came from a predecessor of the current Department of Children and Youth Affairs. I have faith in the officials and the Department that we can deliver.

Many of the objections raised with me by the Adoption Rights Alliance were not addressed within the McAleese report which I did not regard as an independent commission of investigation. It was not detailed enough, did not provide the evidence and was not human rights-compliant. Unfortunately Dr. McAleese never spoke after its publication to in any way address the concerns of those who were seeking redress from that report. The Government needs to ensure that these women get redress. We have not touched the surface of what needs to be done.

The Ryan report was a very positive report in the sense that it allowed voices to be heard. Unfortunately it did not lead to the number of criminal convictions we hoped. We need to be honest with people. If my figures are right, 11 cases were referred to the DPP and only three prosecutions resulted from the Ryan report. Yet following publication of the Ryan report, the Department produced a very detailed implementation plan that not only sought to redress our failings from the past, but also sought to be a blueprint for future policy on child protection. It met on a yearly basis tracking that implementation to ensure it was followed through. I know that early in the Minister's term he ensured that was brought to fruition and we delivered on what we promised to do.

That gives me hope about the terms of reference. When I read the terms of reference, I think of them as empowering. If Judge Yvonne Murphy reads them in that way, it will add to that empowering sense as I hope our debate here will. The way the Minister has looked at the pathways and the methodology envisaged is important. Regarding illegal adoptions and false registrations, there is evidence in the home on the Navan Road of hundreds of cases of false registration. The evidence exists and I hope Judge Yvonne Murphy will pick up the evidence and use it in the inquiry.

With regard to consent, we are talking about true consent because the term "consent" is often thrown around. True consent involves a situation where someone can say 'No'. For any of the women I have spoken to, saying 'No' was not in the realm of possibility. They did not even know they were consenting, let alone to what they were consenting.

There are also issues concerning the testing of vaccines by drug companies. The matter can be examined and brought into the inquiry. The State has failed the women from the Magdalen laundries. I hope there is an opportunity for the State to redress that and ensure what should happen does happen. The same is true for symphysiotomy survivors. The State has a poor record in these areas and we must right what was wrong and atone to the victims. With regard to symphysiotomy, I agree with human rights groups such as the Irish Council for Civil Liberties and Amnesty International that were critical of the Government's payment scheme, which includes a deed of waiver and indemnity that requires survivors accepting payments to waive all rights and entitlements but also to indemnify and hold harmless the people responsible. I can understand it when the lawyers get at it but I do not understand how a survivor of symphysiotomy is expected to sign something of that nature.

As the report is progressing, I hope we do not neglect other important legislation that we need to proceed with. Senator Power referred to adoption and tracing, which is a key issue for what happened in the mother and baby homes. It is key to the climate that existed. I refer also to the children and family relationships Bill. Some aspects of the media consider there is only one aspect to the Bill but an important aspect for me is that it will replace the Guardianship of Infants Act, which dates from 1964. The Act dates from 50 years ago and, looking at the period of time we are talking about in history, we need to update the Bill. That is why the children and family relationships Bill is so important. I will listen to the debate and the amendment with care. I see the terms of reference as an empowering tool.

On support for the women involved the Minister should draw on the example of the Ryan report or the work conducted by our colleague, Norah Gibbons, with the Acknowledge Forum of Historical Abuse Inquiry in Northern Ireland. We could learn how to support the women involved because the State will be fully armed but we need to ensure the power lies with women and their stories and truths.