Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 433: To ask the Minister for Justice and Equality if he has contacted the Attorney General since taking office to request a date by which the latter will conclude his review of the Irish Human Rights Commission assessment on Magdalene laundries; and if he will make a statement on the matter. [15697/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

As the Deputy is aware, it is the role of the Office of the Attorney General to provide legal advice to the Government. In preparing the memorandum for the Government on the matter of the Magdalen institutions, my Department consulted with the Attorney General.

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 434: To ask the Minister for Justice and Equality if the State was aware of the nature and function of the Magdalene laundries during the period from 1922 and as recently as 1996. [15698/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

It is my understanding that ten institutions were operated by four religious congregations during the period referred to by the Deputy. They were established to provide a "refuge" or place of asylum for vulnerable women. The laundries were established within the institutions to provide the funding for the operation of the refuges. They were privately run institutions and publically available records do not provide any type of comprehensive account of the conditions in which they operated. One such institution was used for a period for female remand prisoners pursuant to the 1960 Criminal Justice Act.

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 435: To ask the Minister for Justice and Equality if the State was aware that there was no statutory basis for the Irish Courts use of the Magdalene laundries. [15699/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The Criminal Justice Act 1960 provided that a person between 16 and 21 years of age who had been charged with criminal offences may be committed to custody to a remand institution (other than a prison) whose use for this purpose has been approved by the Minister. One Magdalen Institution was approved as a remand centre for young women who were aged between 16 and 21 years of age. That was St Mary Magdalen's Asylum, Lower Sean McDermott Street, Dublin 1. The use by the courts of this institution for remand had therefore a statutory basis. Prior to 1960, the only option to the courts was to remand women to Mountjoy female prison.

The Probation of Offenders Act, 1907 allows a court to discharge conditionally a person found to have committed a crime in lieu of imposing a prison sentence. Such a person if not of good behaviour within a period not exceeding 3 years may be recalled for sentencing. It is understood that courts did on occasion impose a condition that a person reside in a particular place or institution for the duration of the probation order.

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 436: To ask the Minister for Justice and Equality if the State was aware that it had enacted legislation to enable the use of one Magdalene laundry as a remand home. [15700/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

I can confirm for that the Oireachtas approved the enactment of legislation which provided that a person between 16 and 21 years of age who had been charged with criminal offences may be committed to custody to a remand institution, other than a prison, whose use for this purpose has been approved by the Minister. This was provided for in the Criminal Justice Act, 1960.

One Magdalen institution was approved as a remand centre for young women who were aged between 16 and 21 years of age. That was St Mary Magdalen's Asylum, Lower Sean McDermott Street, Dublin 1. Prior to the 1960 Act, the only option to the courts was to remand women to Mountjoy female prison.

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 437: To ask the Minister for Justice and Equality if the state was aware that children and adolescent girls were confined in the Magdalene laundries as late as 1970. [15701/11]

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 438: To ask the Minister for Justice and Equality if the State maintained a special provision whereby women giving birth to a second child outside marriage at a mother and baby home could be transferred directly to a Magdalene laundry. [15702/11]

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 443: To ask the Minister for Justice and Equality the measures his Department has taken to protect the constitutional rights of the women and children held in the Magdalene laundries. [15723/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

I propose to take Question Nos. 437, 438 and 443 together.

It is my understanding that ten institutions were operated by four religious congregations. They were established to provide a "refuge" or place of asylum for vulnerable women. The laundries were established within the institutions to provide the funding for the operation of the refuges. They were privately run institutions and publically available records do not provide any type of comprehensive account of the conditions in which they operated.

One such institution was used for a period for female remand prisoners pursuant to the 1960 Criminal Justice Act. While I have no information at this time of a provision whereby women giving birth to a second child outside marriage at a mother and baby home could be transferred directly to a Magdalen institution, I believe however that it is essential to fully establish the true facts and circumstances relating to these institutions. To this end, the Deputy will be aware that the Government decided on a number of actions following its meeting yesterday.

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 439: To ask the Minister for Justice and Equality if the State paid capitation grants to Magdalene laundries for the confinement of problem girls. [15703/11]

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 440: To ask the Minister for Justice and Equality the reason the State never inspected, licensed or certified the Magdalene laundries as approved institutions despite providing public moneys in the form of capitation grants to the institutions. [15704/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

I propose to take Questions Nos. 439 and 440 together.

The Department of Justice and Equality did not pay any general capitation grants to Magdalen laundries for the confinement of problem girls. An arrangement was made with one institution, St Mary Magdalen's Asylum, Lower Sean McDermott Street, Dublin 1., pursuant to the Criminal Justice Act 1960 for its use as a remand centre for young women who were aged between 16 and 21 years of age who were charged with criminal offences. Arrangements were made to ensure that those remanded were to have same rights and privileges as provided for remand prisoners in the 1947 Prison Rules Part III, and that they would be visited from time to time by a Probation Officer and by the Superintendent of Prisons. However I cannot confirm what visits were made. From the limited records available, I understand that payments were made in respect of persons so remanded. It appears that as regards this institution payments were also made for persons referred there under the Probation of Offenders Act 1907. An inter Departmental committee is being set up to establish the full extent of State involvement with Magdalen institutions.

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 441: To ask the Minister for Justice and Equality the reason the State has yet to produce records for the women it referred to the Magdalene laundries. [15705/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Research has indicated that a small proportion of entrants to Magdalen institutions came through the State's criminal justice system.

My Department does not hold records that would identify the number of women who were sent to Magdalen institutions since the foundation of the State. However, my Department and the National Archives do have some limited records relating to payments made in respect of persons remanded to St. Mary Magdalen's Asylum. My Department's willingness to provide access to these incomplete records in the normal way has been stated previously. Any records available to the Department have also been made available to the representative group, Justice for Magdalenes.

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 442: To ask the Minister for Justice and Equality the State's role in referring women and children to the Magdalene laundries. [15706/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The information available to me to date suggests that the vast majority of women who entered Magdalen institutions were not referred by the State but by family, others or entered on their own initiative.

There were a number of women found to have committed criminal offences referred to a variety of institutions including Magdalen institutions as a condition of an order under the Probation of Offenders Act 1907. In addition the Criminal Justice Act 1960 provided that a person between 16 and 21 years of age who had been charged with criminal offences may be committed to custody to a remand institution (other than a prison) whose use for this purpose has been approved by the Minister. One Magdalen Institution was approved as a remand centre for young women who were aged between 16 and 21 years of age. That was St Mary Magdalen's Asylum, Lower Sean McDermott Street, Dublin 1. The Government has established an inter Departmental committee chaired by an independent person to establish the full extent of State involvement.End of Take

Question No. 443 answered with Question No. 437

Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context

Question 444: To ask the Minister for Justice and Equality if it is his view that the State's refusal to apologise for its role in referring women to the Magdalene laundries has impeded restorative justice for survivors of the laundries. [15727/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Following its consideration of the matter yesterday, the Government has decided to discuss the putting in place of a restorative and reconciliation process and the structure that might be utilised to facilitate such a process. Along with my colleague, the Minister of State for Disability, Equality, Mental Health and Older People, I will now be following up on this Government decision with the relevant parties.