Mary Lou McDonald (Dublin Central, Sinn Fein)
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414. To ask the Minister for Children and Youth Affairs if the forthcoming commission of investigation into the mother and baby homes will be in all ways compliant with the Bahrain Independent Commission of Inquiry, BICI, principles and best practices for international and national commissions of inquiry and the Siracusa guidelines for international, regional and national fact-finding bodies. [48216/14]

James Reilly (Dublin North, Fine Gael)
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The Government has undertaken to establish a Commission of Investigation into matters of significant public concern relating to Mother and Baby Homes. The independent statutory investigation will be established by Order in accordance with the Commission of Investigations Act 2004.

The Commissions of Investigation Act 2004 gives the Commission the power to conduct investigations within its terms of reference in the manner it considers appropriate while adhering to the rules and procedures contained within the 2004 Act. Although the State is not bound by the principles and guidelines referenced by the Deputy, the Government is satisfied that the provisions of the Commission of Investigations Act 2004 provide for a prompt and thorough investigation in accordance with the State's obligations under international human rights laws.

The Commission must seek and facilitate the voluntary co-operation of people whose evidence it requires. A commission is entitled to compel witnesses to give evidence. It can also direct a person to provide it with any documents in the person’s possession or power relating to the matter under investigation. If the person fails to comply, the Commission can apply to the court to compel compliance.

Establishing a statutory Commission of Investigation provides an effective and transparent mechanism to examine these complex and sensitive matters while also respecting fair procedures and natural justice.