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 Rónán MullenRónán Mullen (Independent) | Oireachtas source

I welcome the amendment because the extension of time to delay the dissolution of the commission, if not the report, flows directly from the Minister's effective acceptance of the amendment proposed by Senators McDowell and Boyhan in respect of the issue of redaction. Having listened to the Minister, I know he has a very challenging task in his Department. These are very challenging issues and I wish him well in addressing them. When he was describing his Ministry, it occurred to me, in light of some of the challenges he may face, that it might be better order if the Department were named the Department of disability, integration, children, equality and youth, which would make it dicey.

What also strikes me as dicey, however, is that we will, according to the Cathaoirleach, quite likely get to the end of the debate without some or all of the amendments having been capable of being moved. If the Minister and the House were amenable, it would be good to get his response to those various amendments. My amendment, as he will know, also concerns redaction and has to do with an issue that I drew to his attention on Friday last. By nodding his head, he indicated he would consider it. I was disappointed that an amendment was not brought forward in the Dáil to address what I regard as a significant justice issue. The Minister rightly considers it appropriate to provide that those who went before the confidential committee in the expectation that what they were saying and presenting would be treated in confidentiality, and that the commission notify them and give them the opportunity to have their personal data redacted, hence the delay in the dissolution of the commission, which is the subject of these amendments.

By the same logic, it is appropriate that the same right be afforded to third parties that might be the subject of allegations that would be damaging to their reputations and that were made in that confidential forum, not least because given the nature of the work of the commission and its confidential committee, certain claims could not be tested. That is nobody's fault and the nature of the work would require that, but it seems as a matter of justice that in identifying personal data relating to third parties named, where their reputations could be damaged or where families could be hurt or aggrieved down the line, a similar redaction should take place. Speaking to my amendment, I would be grateful if the Minister addressed that point before we get to the end of today's business.

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