Seanad debates

Friday, 23 October 2020

Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages

 

10:30 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

There were a very significant number of contributions, so I will try to address the key points made by the various Senators. If I slip into repetition at all, I apologise.

Senator Black read a very powerful letter from Councillor Timmons about his fear that what happened is being swept under the carpet. I absolutely acknowledge that, but that is the absolute last thing I want to see happen as Minister. It was stated that the Bill will seal records. It is really important to state that the Bill will not seal any records. The consequences for the records arise from the original Acts of the 2000s, not from this Bill. I would not bring before this House a Bill to seal such records. There are great questions over the 30-year rule. I would like to put that on the record, with all due respect to Senator Black and her correspondent.

Senator Bacik in her comments raised the issue of publication without delay, which was raised by many other Senators. Once the report is issued to my Department, it has to be reviewed by my Department and by the Attorney General and then, subject to a Government decision, it will be published. I think I said this the last time I was here but I will say it again. I have said it in the Dáil. It is my intention to publish this as quickly as possible. I cannot give a timeline but I am conscious that survivors have waited a long time. My haste in trying to get this Bill through was on the basis of not delaying this further but ensuring we make this report available to people. That is my commitment: as soon as possible we will get it published. I think that what will be valuable will be not just the content, not just the 4,000 pages, but also the recommendations that the three commissioners will include in the report. I am conscious, however, and never more so than after the past week, that its publication will be another incredibly traumatic event. We have spoken this week about re-traumatising, which I have acknowledged. This will be a re-traumatising event. I therefore absolutely take on board Senator Bacik's and Senator Boylan's points about the need to support organisations that will be the front line for the people most affected by the issues that will come up in the report. I do not have detail on that right now but I will make a note to address it and between my Department and other Departments we will be ready for that when it comes.

In response to Senator Higgins, in particular to her amendments, yes, GDPR applies to my Department and, yes, I am the data controller for the archive. We have had substantial engagement with the Attorney General on this point. That engagement has focused on section 39 of the 2004 Act. It is worth remembering - Senator Higgins read out to us most of the text of section 39 - that it is a strong exception. I know the extent to which the balancing is-----

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