Finian McGrath (Dublin North Central, Independent)
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486. To ask the Minister for Children and Youth Affairs his views on correspondence (details supplied) regarding a mother and baby home inquiry; and if he will make a statement on the matter. [1211/15]

Fergus O'Dowd (Louth, Fine Gael)
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500. To ask the Minister for Children and Youth Affairs his views on correspondence (details supplied) regarding the proposed mother and baby inquiry; and if he will make a statement on the matter. [1387/15]

James Reilly (Dublin North, Fine Gael)
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I propose to take Questions Nos. 486 and 500 together.

I announced the proposed Terms of Reference for the Commission of Investigation into Mother and Baby Homes and certain related matters last week. Relevant details are available on my Department’s website. In developing the Terms of Reference due regard has been given to the emphasis on “Mother and Baby Homes” in the motion approved by Dáil Eireann on the 11th June 2014 and the investigation will examine a wide agenda of matters in relation to these homes. The investigation will thoroughly examine the experience of the many mothers and children who were resident in a Mother and Baby Home over the period 1922-1998. These institutions have not been the central focus of previous statutory investigations.

From the information provided by the Deputy, it would appear that the issues being raised would not be within the remit of this particular Commission. While there are many additional matters which some might like to include, it is preferable that the investigation would focus as intended on mothers and children accommodated in Mother and Baby Homes for the purposes of extended maternity and infant care services. However as an independent Commission it will be a matter for the new Commission to decide how it proceeds with its investigations. Once established, the Commission will publicise its contact details and the person concerned may wish to consider providing the Commission with any information in their possession which they consider may be relevant to its terms of reference.

As we know a major investigation into historical child abuse has already been conducted by the Commission to Inquire into Child Abuse. Its remit was to inquire into the abuse of children in institutions in the period 1940 to 1999 and the broad definition of institutions covered included the particular institution raised in the details supplied. As Minister for Children and Youth Affairs I do not have specific powers to make arrangements for exhumations, but I will refer the details supplied by the Deputy to Minister for Education and Skills for further consideration given her Department's role in relation to such institutions and the Commission to Inquire into Child Abuse.

Joe Costello (Dublin Central, Labour)
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488. To ask the Minister for Children and Youth Affairs if he will make arrangements for the exhumation of a child (details supplied) in order to determine cause of death and based on the evidence uncovered, if he will include the case in the inquiry into mother and baby homes; and if he will make a statement on the matter. [49480/14]

James Reilly (Dublin North, Fine Gael)
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The Deputy may be aware that I have recently received correspondence directly from a solicitor representing the family involved in this case. This correspondence encloses a series of communications over recent years between the family, the Minister for Justice and Equality and the Garda Commissioner.

The papers refer to the detailed investigations which have been undertaken by an Garda Síochána in relation to these matters. Although the position of the Garda authorities is that there is no substantive evidence alleging any criminal act or other matters upon which to base a request for an Exhumation Order, the Minister for Justice and Equality has asked the Dublin Coroner to review the case. As Minister for Children and Youth Affairs I do not have specific powers to make arrangements for exhumations, but I will refer the details supplied by the Deputy to Minister Frances Fitzgerald for her consideration pending the outcome of the current review.

With regard to the Commission of Investigation into Mother and Baby Homes, I announced the proposed terms of reference for this investigation last week and relevant details are available on my Department’s website.

From the information available, it would appear that the case raised by the Deputy would not be within the remit of this particular Commission. However as an independent Commission it will be a matter for Commission to decide how it proceeds with its investigations. Once established, the Commission will publicise its contact details and the family may wish to consider providing the Commission with any information in their possession which they consider may be relevant to its terms of reference.