Terry Leyden (Fianna Fail)
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I welcome the Minister for Education and Skills, Deputy Ruairí Quinn, to the House and thank him for recognising the notice of this Adjournment matter. I thank the Leader for facilitating the change from three matters being heard on the Adjournment to four matters being heard per sitting. Matters on the Adjournment are very important and this matter is being afforded particular recognition and respect by the Minister coming here this afternoon. I thank him for attending and I hope we can have many debates like this.

This issue, relating to the Magdalene laundries, is of grave concern. A recent statement by the United Nations Committee Against Torture indicated it was the responsibility of the Irish State to investigate abuses in the Magdalene laundries under Articles 12 and 13 of the United Nations convention against torture and that there should be a way under Article 14 to ensure redress for survivors. The report was published this week by the committee, which monitors states' compliance with the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. A Government delegation answered questions on its record at public hearings in Geneva last month, which was the first time Ireland has taken part in monitoring by the committee.

The committee's recommendations are not legally binding but carry moral authority, particularly for countries such as Ireland that pride themselves on their record of promoting human rights. There is also our role in the United Nations to consider. The committee, which is staffed by human rights experts from the United Nations, expressed in the report "grave concern" at the failure by the State to protect the girls and women who were involuntarily confined between 1922 and 1996 in the Magdalene laundries. It concluded the State's failure to regulate and inspect these institutions, where it is alleged physical, emotional and other abuses were committed, amounted to "breaches of the convention". It also strongly criticised the State for failing to investigate allegations of abuse at the laundries. The report recommended the State carry out a "prompt, independent and thorough investigation" of the alleged committal of women to Magdalene laundries. It indicated that in appropriate cases, it should "prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed". It also indicated that the State should ensure all victims obtain redress and have an enforceable right to compensation, including the means for a full rehabilitation.

In its submission to the committee, the Government stated that the vast majority of women entered the laundries "voluntarily", which is an exaggeration, "or if they were minors with the consent of their parents". Such claims can be easily refuted. The State argued that the alleged events happened "a long time ago" in private institutions and the only situation where women were detained in a laundry by law applied to one institution. It was argued that "we have found no evidence of any complaint by or mistreatment of women remanded there." The Minister for Justice and Equality, Deputy Alan Shatter, stated he would examine the committee's report with his Cabinet colleagues.

Although not a Minister at the time, Deputy Shatter stated in Dáil Éireann on 17 December 2009:

Does the Taoiseach intend to introduce legislation in the new year to amend the redress board legislation to extend it to those who suffered barbaric cruelty in the Magdalene laundries? The Department of Justice, Equality and Law Reform now has irrefutable evidence that this State and the courts colluded in sending young women to what were then known as the Magdalene asylums. They ended up in the Magdalene laundries and were treated appallingly. Some of them have never recovered from the manner in which they were treated and their lives have been permanently blighted. Initially in this House the Minister for Education and Science denied that the State had any involvement in this. There is now absolutely irrefutable evidence as a consequence of court records and files that have been examined in the Department of Justice, Equality and Law Reform that the State was directly complicit in many women being placed in these totally inappropriate circumstances.

That is from the Dáil record. The Minister's motto is: "Look forward with hope." As I said before, I hope we can look forward with hope in this regard. Deputy Shatter now has responsibility as the Minister for Justice and Equality, and it is ironic in this political business that something said by an Opposition spokesperson may come back to haunt that Deputy. I ask the Minister to stand over his words.

The current Government may argue that its predecessor did not take action but the previous Government made a case to the United Nations Commission and we are now going on those recommendations. The previous Government did not have such recommendations.

I received correspondence from Mr. James Smith, associate professor at the English department and the Irish studies programme at Boston College. He outlined that there were ten of these institutions, including the Sisters of Mercy in Galway and Dún Laoghaire, the Sisters of Charity in Donnybrook in Dublin and Peacock Lane in Cork, the Good Shepherd Sisters in Waterford, New Ross, Limerick and Sunday's Well in Cork, and the Sisters of Our Lady of Charity of Refuge in High Park, Drumcondra, Dublin, and Sean McDermott Street, also called Gloucester Street, Dublin.

I am a former pupil of the Convent of Mercy and I have nothing but the height of praise for it. There were many wonderful nuns operating in the system but young girls were also treated appallingly by the State. Many of these are now dead without having seen justice and many were institutionalised all their lives, with the saddest of stories to report. I ask that the Government be very fair to those who are left. It will have the support of every Member in both Houses if it issues an apology to those women, carries out whatever inquiries are necessary and provides compensation that would be of assistance.

Ruairi Quinn (Dublin South East, Labour)
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I thank Senator Leyden for raising this issue. Unfortunately, the Minister for Justice and Equality, Deputy Shatter, is away on European business and could not attend in person. He has asked me to address the issue on his behalf.

The Minister spoke recently in the Dáil on this important matter. He asked me to point out that he has long believed the issues raised by or on behalf of those women and girls who were resident in the Magdalene laundries must be addressed. He has great sympathy for those women who feel wronged and, in common with his Cabinet colleagues, wants to help in bringing closure to this for the individuals concerned. Members will know that the UN Committee Against Torture issued its concluding observations on Monday, 6 June following Ireland's first examination in Geneva last month under Article 19 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The committee in its statement acknowledged Ireland's commitment to engage in a constructive manner and commended us on significant progress in recent years in a number of areas, including the prevention of domestic violence and human trafficking. Its concluding observations cover a wide range of areas from prison conditions to the total prohibition of corporal punishment, the Magdalene laundries, the follow up to the Ryan report and the processing of applications for refugee status, all of which impact on the remit of several Departments.

Specifically on the Magdalene laundries and the topic of this debate, the committee recommended that the State should institute prompt, independent and thorough investigations into all allegations of torture and other cruel, inhuman or degrading treatment or punishment that was allegedly committed in the laundries and, in appropriate cases, prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed and ensure all victims obtain redress and have an enforceable right to compensation, including the means for rehabilitation.

In conjunction with his Cabinet colleagues, the Minister has noted and will closely examine the concluding observations and recommendations of the committee. They deserve our full consideration. It is the least we can do for these women and the difficulties they experienced from living in the laundries. The Minister is also taking into account the assessment published by the Irish Human Rights Commission on 9 November 2010 of the request by the Justice for Magdalenes, JFM, group to carry out an inquiry under section 9 of the Human Rights Commission Act 2000 into the treatment of women and girls who resided in Magdalene laundries. The Irish Human Rights Commission decided not to carry out a statutory inquiry itself, which it is entitled to do under the legislation which established it and which was requested by JFM. It recommended that a statutory mechanism be established to investigate the matters advanced by JFM and, in appropriate cases, to grant redress where warranted. It stated that such a mechanism should first examine the State's involvement in and responsibility for those entering laundries, their conditions, their departure and end-of-life issues. In the event of State involvement or responsibility being established, a larger review should be conducted and redress considered. This assessment, which was the subject of an Adjournment debate in the Dáil on the same evening, raised issues for a range of Departments as well as the four religious congregations who operated the Magdalene institutions. The Irish Human Rights Commission did not make a finding as to whether or to what extent there were abuses nor did it make any finding as to who was responsible.

Senior officials from the Department of Justice and Equality previously met individuals who were resident in the laundries, along with interest groups campaigning on their behalf. The Minister asked me to assure the Senator that they have all been listened to, no one doubts their integrity or commitment and their position is clearly understood and respected. Any records that are available to the Department have been made available to the groups concerned. Furthermore, the Minister gives his assurance that his Department will continue to provide whatever assistance it can to individuals and groups seeking access to records, many of which, unfortunately, are poor or incomplete.

There were many different circumstances that led to women becoming resident in the laundries. Unfortunately, due to the lapse of time and lack of available records, there are difficulties in establishing the facts of what actually happened and the numbers involved. We know there were ten Magdalene laundries in this jurisdiction which were privately run by four different religious orders and which predate the foundation of the State. They were not State institutions and their records are a matter for the individual religious congregations, which of course adds to the difficulty for everyone in establishing a clear picture of what went on and the numbers involved. It seems, however, that the majority of females who entered or were placed in Magdalene laundries did so by private arrangements and without any direct involvement of the State. It appears many of them entered due to poverty, family or other circumstances.

As regards the involvement of the criminal justice system, all of the available evidence at this stage suggests that the number of women who entered such institutions through that system was small and that the periods of remand were for days rather than weeks or months. The Minister is aware of only one institution, St. Mary's Magdalene Asylum on Seán McDermott Street in Dublin, which was approved for use in October 1960 as a remand institution for female persons pursuant to the Criminal Justice Act 1960. It is worth noting that no complaints have been received from any of these women.

The Minister believes a comprehensive examination of the facts is now required and, with that in mind, has been preparing proposals for the Government on the question of Magdalene laundries. I can confirm that his proposals were substantially completed last week and a draft memorandum for Government has been prepared. The memorandum took into account the report of the Irish Human Rights Commission and has now been amended to take into account the observations of the UN Committee Against Torture which were only published on 6 June. The memorandum was circulated earlier this week for consideration by his Cabinet colleagues at the next appropriate Government meeting either on 14 June or, if that is not possible, the following week. Members can be assured that full consideration will be given to the implications of these reports and the Government decision will be communicated in due course.

Once again, I thank the Senator for the opportunity to speak on this issue. I assure him the Government is sympathetic to these women, understands and respects their position and will do what it can to advance matters and help bring about closure for those involved.

Terry Leyden (Fianna Fail)
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I thank the Minister for the comprehensive response he gave on behalf of his colleague, the Minister for Justice and Equality. I am confident that the Government will take a humanitarian approach to this issue. I understand 30,000 people were involved.