Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I welcome this opportunity to update the House on the Commission of Investigation into Mother and Baby Homes. In particular, I would like to update Senators on the commission's fourth interim report and the responses I am progressing to the issues which have emerged from the commission's work to date. As Senators will be aware, the commission submitted a fourth interim report to me in December of last year, which I published after securing Government approval on 22 January. This report is available to view and download on my Department's website.

The commission advised that it would not be able to issue its reports within the previously agreed timeframe and requested an extension of one year to allow it to complete its work in full. Government has agreed to this extension request and the commission is now due to submit its final reports by February 2020.

In making a case for an extension, the commission outlines the sheer scale of the work involved in investigating the matters set out under its terms of reference. This investigation includes multiple lines of inquiry relating to the operation of quite different institutions over a period of more than three quarters of a century. The scope of the terms of reference and timeline for this commission has always been ambitious and we remain ambitious for the outcome of the commission. The public interest, but most importantly the interest of former residents, is best served by facilitating the commission to conduct the comprehensive analysis required to make accurate and robust findings on the extensive range of sensitive issues before it. I know that many former residents have been eagerly awaiting the completion of the commission's work and I understand that many who contributed to the process and shared their information are disappointed and frustrated by this development.

The commission's fourth interim report provides an update on the important work of its engagement with former residents and others connected to these institutions. It has captured the personal experiences of 519 witnesses through the work of its confidential committee and now expects this process to be completed by the end of January. Hearing these stories grounds the work of the commission in the lived experiences of those who spent time in these institutions. The commission is continuing to take evidence about conditions in the institutions from former residents, workers and the authorities that ran the institutions and this work is not yet complete. The commission also stated that its wide terms of reference have necessitated the collection and analysis of a vast range of documentary material relating to the institutions under investigation. While this process is ongoing, I can confirm that my Department has furnished the commission with all relevant records in its possession.

Significantly, however, the commission now plans to deliver a substantial report on the burial arrangements for persons who died while resident in these institutions by 15 March 2019. The report will include extensive technical reports prepared in the course of the commission's work on the site of the former mother and baby home in Tuam, County Galway, and the commission's assessment of burial arrangements at other major institutions. I will seek formal Government approval to publish the report as quickly as possible after I have had an opportunity to consider its findings.

On receipt of the report about which we are speaking, I consulted with the commission to explore whether any of its three reports could be completed in advance of February 2020. The commission is strongly of the view that it will not be possible to complete any of its reports in isolation from its companion reports. When I met with Judge Yvonne Murphy, I was reassured by the absolute commitment of the commission to establish the full facts of what happened to women and children in these institutions. I accept that the commission is using its best endeavours to conclude the investigation as quickly as possible. The chair wants to conclude matters and I know Senators want the same thing. It is clear that the commission is seeking to collate and analyse information on these institutions at a level of detail that has never been done before. This will greatly assist public understanding and possibly assist individual citizens in relation to their personal story and experience. I can confirm that the extension of time for the commission will not impact on the planned forensic excavation of the Tuam site. These are separate processes. However, the commission's burials report is expected to assist and inform the ongoing work to advance the legislative and operational arrangements for this priority project. If a decision had been made not to grant the extension sought, the commission would effectively be obliged to submit incomplete reports this month. Clearly, such a scenario would ultimately undermine its findings and the opportunity within this process for Irish society to acknowledge and to start to understand the harrowing manner in which single women and their children were often treated during this period would be placed at risk.

In these circumstances Government's approval of an extension was the only viable option. Government will continue to make available whatever resources and supports are required for the commission to continue its vital work. The commission has confirmed that despite the extension, it expects that the total costs will remain within the initial costing estimate of €21.5 million.

In regard to Tuam, in October 2018, the Government approved the recommendation for the phased forensic excavation of the available site of the former mother and baby home there. As Minister responsible, I was honoured to make a recommendation to colleagues, which was not only supported by the best experts in science and the law, but most importantly was informed by the voices of survivors, their families and loved ones. Implementing this decision will not be straightforward. New legislation is needed to provide specific lawful authority for the proposed course of action. The preparation of legislation is a key priority within my Department and a new dedicated unit has been established for this task, with additional staff from other Departments expected to be assigned to the unit in the coming weeks.The wider interdepartmental group on Tuam, led by the Department of Children and Youth Affairs, will continue to assist in terms of strategy and overall approach for the project. Scoping of the required legislation has commenced. There is no precedent for this kind of project in an Irish context, and it is vital that we get it right, in the interests of the survivors, relatives and the dignity of those buried at the site in Tuam. The approach taken will be further informed by the forthcoming report in March by the Commission of Inquiry into Mother and Baby Homes into burials at these institutions. In parallel to the legislative project, work will be carried out on sourcing appropriate expertise to carry out the works on the site. As Minister, I will continue to examine the ways we can respond to the wider concerns of the advocates, families and survivors.