David Norris (Independent) | Oireachtas source

That is all I need. I welcome the Minister to Seanad Éireann. I have been contacted by a constituent who is concerned about this matter. She is concerned about the apparent lack of consultation and I wonder if the Minister will comment on that.

The other issue is that all the administrative files which show how the abusive system worked will be withheld. That is a mistake. My view is that people should be entitled to information about their background. That is a natural and absolute human right. Under the Bill, some of the records gathered by the commission of investigation, a database and related records of women and children detained in 11 mother and baby homes, will be given to Tusla. The rest of the archive will go to the Minister for sealing. How is it acceptable to release some but not all of the records? The Bill ignores the views of the collaborative forum of former residents of mother and baby homes, which was established to advise the Government and repeatedly stated that Tusla should have no further role in adoption information and tracing.

Just two weeks ago, the Minister promised that he would receive a copy of all records gathered by the commission of investigation but this Bill breaks that promise. It states that the database and related records transferred to Tusla will not form part of the Minister's archive. I am suggesting that the Bill be amended so that the Minister takes custody of the whole archive and provides immediate access for affected individuals and families to all records concerning them or their disappeared relatives once he receives those records. In fact, this is currently required by section 43 of the Commissions of Investigation Act 2004 and section 198 of the Data Protection Act 2018.

The Government should commit to establishing a dedicated archive at Seán MacDermott Street to provide national education and truth-telling regarding all connected forms of historical institutional adoption-based abuses. Administrative records can be anonymised as necessary to protect survivors, adopted people, natural mothers and relatives. Individuals should be entitled to voluntarily deposit their testimony.