Seanad debates

Tuesday, 26 January 2021

Report of the Mother and Baby Homes Commission of Investigation: Statements (Resumed)

 

10:30 am

Photo of Vincent P MartinVincent P Martin (Green Party) | Oireachtas source

As other speakers said, it is good to see Senator Boyhan in the Chair today. I welcome the Minister, Deputy O'Gorman, and thank him for coming to the House last week. I concur with the comments of the leader of the Green Party in the Seanad, Senator Pauline O'Reilly, on the first day of this debate.It is so good to see Senator Boyhan in the Chair today. I welcome the Minister, Deputy O'Gorman, and I also thank him for coming in last week. I concur with the comments made on day one of this debate by the Green Party Seanad leader, Senator Pauline O'Reilly. We could talk about this for so long, although there is a limited time available to me. Perhaps it is therapeutic. It is the most upsetting episode that has been discussed in my adult life as a public representative, so one could ask what it was like for the victims, the survivors and the families. It is a dark stain on Ireland, but it is one that ought not to be removed. It should be a timely reminder. While we cannot remove it, and should not strive to remove it, we should acknowledge it and we should respond appropriately. Tragically and unfortunately, we cannot turn back the clock, but we can determine the future.

What can I suggest in the short time available to me? The first point is a very obvious one and it goes without saying. The Minister knows this. It is to listen, listen better and to listen again and again and to reflect, because the survivors know best. They know what they want. Reparations are required. I do not use the word compensation. That is a small but important part of a therapeutic, collaborative justice for the perpetrators, not for the victims. Everyone should have a reflection and kindness and compassion without any red tape. A full suite of reparations must be made available to all the victims and their families. That includes compensation, but so much more, because no money would ever compensate.

I acknowledge the apology of Councillor Charity on behalf of Galway County Council, but what more can we do? There is a legal term, in loco parentis, where one takes the place of the parents. Who is going to take the place of the deceased children who had no voice at the time? Perhaps their families and relations are no longer with us. It is up to us not to miss the boat twice and to do everything we can to stand up for them, even if they are not in this world any more, and to ensure, however retrospectively and posthumously, that dignity is afforded to each and every child who died and to the mothers as well.

I spoke recently to an elderly gentleman who as a child remembers women picking potatoes outside the home, often heavily pregnant. He did not know, and he is so upset at what happened. It is so upsetting. Where do we go when we consider that not only did these people do nothing wrong, they were severely violated, physically, sexually and mentally? It was a different time. There is not an awful lot that we can do, but something we can do that would be small crumbs of comfort for the pain and perhaps some day it will help, is if as legislators we could promise to keep our eyes open and to be vigilant. It is extremely late, but it is never too late. We had the Dáil Éireann republican courts from 1919 to 1924 during the struggle for independence when the people turned their backs on the British common law system. There was a judge all those years ago called James Creed Meredith.In a groundbreaking decision at the time, by applying Brehon law rather than common law, he ruled that the father of a child born out of wedlock ought to pay maintenance. It is a small thing. When we restored the British-style Judiciary in 1924 we reapplied the common law and we reversed that decision. That was the position all the way up to our lifetime and the 1980s. Then, past Members of this House - we should give them credit for it - including Mary Robinson and Nuala Fennell, were instrumental in giving recognition to such basic rights as inheritance rights and recognition for children born outside of wedlock.

Can we stay vigilant? The torture may not appear in the same shape but last week a 53-year-old man was sentenced to 12 and a half years, with two years suspended, for coercive control, intimidation and multiple assaults on his former partner over a two-year period. He was the first person to be convicted for coercive control following a trial. These are small steps forward but they might help the healing if this problem appears in a different guise in the way we are today in modern Ireland. The victim said she was only rescued due to the vigilance of doctors and gardaí.

I am saying these are small steps but we must translate words into action for the victims and their families at this stage. They do not want words - although they are important in healing - they want positive reassuring action. We must hear them out and do everything that is feasible for their terrible ongoing suffering, which is such a blight and stain on our nation and always will be.

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