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 Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

These amendments are welcome. They are a response to the amendments that were fought over and the debates that occurred in this House. I accept that there is a need to extend the commission's life to 28 February. I am curious as to how the groupings worked on this because I would think this should have been discussed with amendment No. 9. As I understand it, the purpose of the extension is for the commission to write to the contributors to the confidential committee, in order that they may exercise their agency and decide whether they wish to be redacted or named. I will come back to that as I have a difficulty with whether one opts in or out. As the Minister previously mentioned, I had the same curiosity about that. Maybe I am missing something here but if the report is issued on 30 October and the intervening period until the end of February is given to allow people to have their names included or not, are we going to end up with two reports? How is that issue being overcome? Will we then lose the intervening period due to the report going to the Attorney General and its publication and all of that? As a consequence of this amendment, will we lose the period from October through to February? I would appreciate clarification on that question.

Eoin Wilson in the Minister's office has been fantastic in chatting through some of the issues with me. I am anxious about what happens with the report. First and foremost, it should be an exposure of our society and the people who were victims of our society and State throughout a particular period. Its purpose should truth-telling in the first place. We must acknowledge the journey and hardship that has been imposed on people, as well as our society's attitude and what we tolerated, thought was okay or did not even think to question. That would be significant in and of itself. I also want the report to lead to justice being served and for it to be forwarded on. In that context, and this may go to Senator Mullen's question, it is my understanding that anyone who went before the confidential committee was given the same warning given at the beginning of any counselling session, that if what the person said engaged trial protection, the commission will be obliged to take action on it. That is my understanding but perhaps the Minister could confirm that for the benefit of the House. It is also my understanding that some matters have been referred to the Garda Síochána and that names have been attached to them. It would be beneficial to hear about that in the context of Senator Mullen's comments.

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