Catherine Noone (Fine Gael) | Oireachtas source

I thank the Minister for coming to the House once again to deal with an issue that is very disturbing to all of us. The discovery of a mass grave at the Tuam mother and baby home is truly appalling. As Senator Ned O'Sullivan said, Irish society is horrified by the discoveries that have been revealed. The cruel irony of this House discussing the announcement of the commission the day after International Women's Day cannot be lost on all of us.

The horrendous scar on our history first came to public attention following disturbing reports of high mortality rates and possible mass graves on the grounds of the former mother and baby home in Tuam, County Galway. Before now, it was hearsay but now, tragically, we have positive proof that there are remains dating from the time of the mother and baby home which was run between 1925 and 1961; they do not date from an earlier historical period. As the Minister said, we have to commend the historian Catherine Corless for her tireless work, against the odds, to reveal this necessary truth.

I also welcome those in the Visitors Gallery who have been horrifically affected by the homes. As Senator Máire Devine said, use of the word "home" is very inappropriate to describe what are chambers of horror.

As exceptionally sad and disturbing as the news is, as Senator Ned O'Sullivan said, it was not unexpected. Unfortunately, none of us is shocked. There were many claims in recent years about human remains on the site. That was one of the reasons the commission of investigation was established. The confirmation that there are remains represents an irremovable stain on our modern history.

As the Taoiseach said, as a society, we did not just hide away the dead bodies of tiny human beings; rather, we dug deep and deeper still to bury our compassion, mercy and humanity. If, in some instances, priests took children, for the most part, society turned a blind eye to what was happening in the homes. The women and children were, in most cases, voluntarily handed over to the nuns for a life of virtual slavery because of our obstinate obsession with respectability.

Of course, the men who colluded in the pregnancies were never pursued or condemned to a life of captivity or servitude. It is almost as if the women somehow self-impregnated and were exclusively to blame. Their babies were taken from them and many were trafficked abroad for financial gain. Women were starved, neglected and hidden from society. They suffered horrendous abuse. It is imperative that we now respond with sensitivity and respect to what has been unearthed.

There is a role for the coroner in north Galway to consider what steps may be necessary and appropriate in accordance with his statutory functions. We must not pre-empt what he might decide to do. If he decides that there are no suspicious circumstances, the local authority can act. What is required is reflection on the measures needed to bring the investigation to fruition in an extremely effective way. There is independence for the coroner and the Garda. There is also a duty on the part of the local authority towards the families who have been devastated by what has happened.

It is my understanding the commission has not yet made formal official findings, rather it has completed a physical excavation. We now know that there are substantial remains of very young children on the lands in question. The scope of the commission's remit includes several specific areas of practice and procedure regarding the care and welfare of and entry arrangements and exit pathways for the women and children who were resident in 14 named institutions and a representative sample of county homes identified by the commission. The Commissions of Investigations Act 2004 provides an effective mechanism to investigate complex and sensitive matters of significant public concern. It gives the commission robust powers to compel persons to produce information and answer questions. It is important to recognise that a statutory commission is fully independent in the conduct of its investigations and the precise timing and approach to the gathering and examination of evidence are matters for it to decide and progress. It is my understanding the Government is satisfied that the commission has sufficient scope and powers to examine a broad range of public concerns, make a determination on their relevance to the central issues in question and, where appropriate, make recommendations to the Government which it deems necessary.

The commission will investigate many specific concerns. They include, as I mentioned, the entry arrangements and exit pathways for single women; living conditions and care arrangements in the institutions; the causes, circumstances and rates of mortality among mothers and children; post-mortem practices and procedures; compliance with relevant regulatory and ethical standards for systemic vaccine trials conducted on children in the homes; entry arrangements and exit pathways for mothers and children leaving institutions; paternal referrals and relevant relationships with their entities and the extent to which any group of residents may have systematically been treated differently on any ground, including race, religion, Traveller identity or disability.

In addition to the main investigation methods, the established confidential committee forum allows former residents to provide accounts of their experiences in private, which is very important. Alongside this, the social history module is being progressed to provide context through an analysis of key issues. Undoubtedly, the fact that the Government set up a Department of Children and Youth Affairs and Tusla, the Child and Family Agency, and held a referendum to enshrine the rights of children in the Constitution indicates the direction in which it would like to go. We are in the very capable hands of the Minister in ensuring the commission will conduct its work effectively. Inevitably, there will be differing views about what to do such as whether we should leave the remains where they are or reinter them elsewhere. It is my understanding Galway County Council will engage with local residents and other interested parties to decide what is best. There will be a consultation process, which I welcome, in which anyone who is interested will have a chance to have a say.

While respecting the dignity of those who died and their families, we should remember that the work of the commission is continuing and that it has not yet made official findings about the Tuam mother and baby home. The process is ongoing and the commission must be allowed to complete its work. We await its final report next February.

I agree with the remarks of Senator Ned O'Sullivan about the religious orders. I join him in asking that they hand over their properties to the State. It is the least they could do.