Seanad debates

Monday, 1 February 2021

An tOrd Gnó - Order of Business

 

11:00 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I join my colleague, Senator Black, in raising an extremely concerning report from the Irish Examinerover the weekend with regard to the Commission of Investigation into Mother and Baby Homes. The report states that the commission has destroyed audio recordings of the interviews given by survivors of the mother and baby homes and that the oral testimony of evidence given to the commission's confidential committee no longer exists. In light of the many serious concerns raised concerning the contents of the commission's report in recent weeks, the fact that survivors have lost their only opportunity to verify the transcripts of the evidence they gave is inexplicable. If this was evidence that was destroyed in the course of a trial, it would rightly be a criminal offence.

I do not comprehend how the commission thought it appropriate to delete these vital records, not just for the personal importance they hold for survivors, the rightful owners of such recordings, but also for the role they might play in future redress schemes, criminal proceedings against those involved and a future tribunal. Apart from anything else, there has been a serious violation of EU data protection law, which must be investigated further. Despite the public outcry about the legislation rushed through the Seanad last autumn, we now discover that crucial parts of the database that were moved to the Department for which the Minister, Deputy O'Gorman, is responsible have been destroyed before they can be accessed by survivors under the general data protection regulation, GDPR. How does the Government plan to rectify this clear injustice? Taken together with the fundamental flaws unearthed in the commission's report, I believe the commission's chair needs to provide an account publicly on how this has been allowed to happen. Will the Leader update the House on the Government's planned response?

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