James Reilly (Dublin North, Fine Gael) | Oireachtas source

It is also clear from the available information that mother and baby type services were a considerable focus of operations in some county homes. For that reason, the terms of reference also provide for a representative sample of county homes to be examined by the commission. The sample will be selected by the commission based on evidence of the extent of the operation of this particular function.

Article 1 ensures that the primary focus of the investigation relates to the experiences of women and children who resided in mother and baby homes over the period. The following matters will be investigated: entry arrangements and exit pathways of women, this to include consideration of the extent of their participation in relevant decisions; living conditions and care arrangements in these institutions; mortality among mothers and children - causes, circumstances and rates; post-mortem practices and procedures; reporting, burial arrangements and the transfer of remains for anatomical examination; the extent of compliance with relevant regulatory and ethical standards in regard to systemic vaccine trials identified by the commission as being conducted on children in these homes; entry arrangements and exit pathways for mothers and children leaving institutions, patterns of referral and relevant relationships with other entities; and the extent to which any group of residents may have systematically been treated differently on any grounds, including race, disability and religion.

The commission is also tasked with undertaking appropriate comparative analysis, where relevant, to assist the general understanding of its findings. Article 2 provides that the investigation will cover the years from 1922 to 1998. The commission may reduce the relevant period for any part of its investigation where it deems it appropriate to do so. The series of definitions included in Article 8 are intended to bring additional clarity to the investigation.

Very importantly, Article 1(VII) requires the commission to investigate the nature of the relationship between mother and baby homes and other key institutions, including children's homes, orphanages and adoption societies. Some of these were on the same site as the mother and baby homes while others were not. The terms of reference require that the commission identifies the extent to which children's welfare and best interests were considered in making arrangements for placements, whether through boarding out, fostering or adoption, in Ireland and abroad. Further, they require that the commission identifies the extent of mothers' participation in such decisions, including procedures around mothers' consent and the extent to which these procedures were sufficient to ensure that consent was full, free and informed. I believe this will allow the commission sufficient scope to examine the issue of placing children for adoption abroad as well as situations in which the child's parentage was concealed, either by omission or perhaps by illegal means.

The terms of reference provide for a comprehensive investigative framework, involving interlinked and concurrent lines of inquiry. While Articles 10 to 15 provide general guidance, I emphasise that nothing in the terms of reference constricts the commission's independence in determining how best to approach its work. The confidential committee provided for in Articles 3 and 4 is an additional forum intended to facilitate any individual who wishes to describe her experiences of living or working in relevant homes to the commission. I know many former residents will welcome this opportunity. This module will allow the commission to ground its work in the reality of the experience of mothers and children in these homes. Procedures will be developed to protect the identity of individuals who wish to have their identity remain confidential during the conduct of the commission and its subsequent reporting.

Alongside this, the social history module will provide context through an objective and comprehensive analysis of key issues. Ten themes are detailed for analysis in Article 11 of the terms of reference. Significantly, this analysis will benefit from the extensive legal powers of the commission to access relevant records and will assist in informing determinations on a range of matters in accordance with Article 12.

I believe that the Commissions of Investigation Act and the terms of reference of the inquiry provide adequate opportunity for the commission to take an independent view of the adequacy of scope, given its task. Since the decision to establish this investigation was announced there have been public calls for the inclusion of a broad range of matters. I acknowledge that some may have preferred to see an even more diverse range of matters included within the terms of reference. While some of these matters are outside the intended remit of the commission, I wish to highlight Article 6 in particular.

The mechanisms provided take maximum advantage of the powers, resources and expertise of the commission. They ensure any additional matter which the commission deems to warrant investigation, within this investigation or otherwise, can be brought to the attention of the Minister for Children and Youth Affairs. This will be relevant to those who believe that the process to date has not uncovered information relevant to their circumstances.

I was delighted to announce the Government's approval of a three-person commission, led by the Chair, Judge Yvonne Murphy.

Judge Murphy will be assisted by the eminent historian, Professor Mary Daly, and international legal expert on child protection and adoption, Dr. William Duncan. These appointments reflect my understanding of the need for a depth of expertise in these areas to allow for a comprehensive assessment of the issues and for well-grounded reports and recommendations in due course.

The terms of reference envisage the submission of a final report to me within three years. In addition, Article 5 specifies that the reports from the confidential committee and the social history module would be completed within 18 months. These timeframes are ambitious. I am keen to ensure these important issues are investigated in a timely manner given the age profile of many of the women and children who were resident in these homes.

The Government has noted that costs, exclusive of third party legal costs, are estimated to be in the order of €21.5 million. This includes the funding necessary to meet the set-up and operational needs of the commission, which will have its offices at 73 Lower Baggot Street, as well as the demands attaching to administrative oversight of the commission within my Department. An initial allocation of €6 million has been secured to meet costs arising in 2015.

The staffing complement of the commission will reflect the scope of the terms of reference and the ambitious timeframe. My Department is working with Judge Yvonne Murphy, the Chair-designate, in this regard to ensure a smooth start to the commission's work. Under section 8 of the Act, the commission will also have the scope to appoint persons with relevant professional expertise and specialist skills to assist its investigations.

I believe that this commission will be critical in coming to terms with our history and in understanding who we are as a people. The Government is confident that the proposed terms of reference provide an ambitious and appropriately-focused set of tasks which can be accomplished by this commission within a realistic timeframe. I commend the motion to the House.