Lynn Ruane (Independent) | Oireachtas source

Amendments Nos. 25 and 27 relate to the contents of the records being deposited with the Minister under this Act. An index that was appropriately anonymised would be vital in ensuring that the records could be used appropriately for memorialisation and truth-telling purposes.

It would also be important as a sign to survivors that light will eventually be shed on the records proposed to be sealed under this Bill. As the Minister is aware, we are here because the commission will shortly be delivering its report to him at the end of the month. This report is being expected with both trepidation and impatience by the survivors involved.

I understand that there may be an issue with the publication of the report to the public and therefore there may be a delay between the Minister receiving the report and survivors being given the opportunity to read it. This would be despite the many delays and interim reports arising out of the commission's work to date. It is vitally important that if the Minister does not intend to publish the commission's report right away, as is the current expectation of survivors, that he would instead set out in detail the process and timeline under which he expects to release it into the public domain.

Coming so soon after the controversy surrounding this Bill and the information and tracing legislation, we need to be as open and transparent as possible with survivors about the process we are engaged in to publish this report. If the Minister cannot share it straight away, he must declare when people may expect it, so as to prevent a vacuum of information on this crucial issue. Can he articulate a timeline on the record at this juncture?

Regarding amendment No. 25, as the Minister will now be fully aware, the process that has been used to move this Bill through the Oireachtas and to investigate the mother and baby homes under the Commissions of Investigation Act 2004 has caused serious trauma and harm to the survivors affected by this issue. A commission of investigation was never the appropriate mechanism by which to explore and investigate sensitive issues relating to historical institutional abuse. The reason it was so ill-suited to investigating the mother and baby homes is exactly why there has been so much controversy this week; it is because section 11 of that Act requires records collected in the course of the commission's work to be kept confidential.

While such an approach may be appropriate for less sensitive matters on which commissions have investigated in the past, such as Siteserv, it is categorically wrong to make such a requirement where these records are also an integral part of the identity of the people to whom they relate. People have a human right to their own history and identity and to access information relating to it; this right is being denied to them by the Commissions of Investigation Act and the decision to investigate the mother and baby homes with an order made under it.

It is too late to go back and choose a different investigation under a different legislative instrument for the mother and baby homes. We raised our concerns about the decision back in 2017 but it was done. We now must learn from the mistakes we have made and ensure that a similar investigation on such a sensitive issue never happens again under the 2004 Act. It is with the intention of learning from these current problems that I have tabled amendment No. 25. It would require the Minister to review the statutory instrument that set up the mother and baby homes commission. That review would consider whether such a statutory instrument was an appropriate way to investigate the sensitive matters within its remit and whether the Act of 2004 is fit for this purpose. The Minister would then deliver a report on recommendations for proposed legislation on how these issues could be better investigated in the future, drawing on international best practice and in consultation with those affected. We need something new and different, so confidentiality is not cited with such significant and traumatic effects on survivors as a reason to deny them access to their records.

It is a sad reality that the mother and baby homes may not be the last time we have to investigate such a matter, as other issues may come to light in future. As we have demonstrated that the Commissions of Investigation Act does not have within it the appropriate sensitivity and nuance to deal with these issues, we need a new Act that satisfies international human rights law and the rights of survivors to their own information and records.

With amendment No. 25, I ask the Minister to start this work and to bring proposals for reform. I realise that I neglected to set a time limit on this report, which I would do if I had an opportunity to submit a Report Stage amendment but that chance has unfortunately been denied. I would envisage this report to be delivered to the Oireachtas within 12 months. Given everything that has gone on this week, I think it is an entirely fair request to make under the circumstances.

I wish to make a brief point on an index.There is some concern among historians about what the documents may cover and the format they may take. I know Ms Catriona Crowe is keen to speak to the Minister, as are historians and archivists who were not consulted. If the archive is sealed, they will need all the details necessary to locate original documents. An index is important, but many historians are worried about how it will be reported and compiled.