Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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47. To ask the Minister for Children and Youth Affairs the status of the current work of the commission of investigation on mother and baby homes; the scoping exercise on the terms of reference; and if she will make a statement on the matter. [31221/17]

Katherine Zappone (Dublin South West, Independent)
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The Commission of Investigation into Mother and Baby Homes and certain related matters was established by Government Order on 17 February 2015.

In accordance with its comprehensive Terms of Reference, the Commission is tasked with thoroughly examining the experience of mothers and children resident in 14 named Mother and Baby Homes and a representative sample of County Homes during the period 1922 - 1998. The Commission is required to address seven specific questions on the practices and procedures relating to the care, welfare, entry arrangements and exit pathways for the women and children who were residents of these institutions. The Commission's work is ongoing and it is now more than two years into a three year investigation.

As the Deputy will be aware the Commission is independent in the conduct of its investigations and I have no role in this regard. Therefore I am not in a position to provide progress updates on its investigations.

In relation to milestones to date the Commission submitted its First Interim Report in July 2016. The Government agreed to a request from the Commission to extend the time frame of two of the three Reports the Commission is preparing. The Social History Report and Confidential Committee Report will now be submitted along with the Final Report by February 2018.

A Second Interim Report was submitted by the Commission. This report focuses on a number of issues which had come to the Commission’s attention during its analysis of information and evidence collected up to August 2016. The Report was published in April 2017.

I will introduce enhanced communication arrangements to provide regular updates on the programme of work relating to mother and baby homes and to engage with former residents and their advocates in relation to the issues of concern to them. Starting from July, I plan to publish a monthly update which will be available on my Department’s website on the first Friday of every month.

While the Commission has stated that it is not seeking an extension to its present remit I have indicated that I am open to considering whether broader terms of reference would help to answer some of the questions which have been raised again in public debate. It is essential that this question be examined with a full understanding of the considerable breadth and scope of its current terms of reference.

In accordance with the legal framework under which the statutory Commission was established, it is my intention to consult with the Commission on this matter. I hope to undertake this process during the Summer.

Clare Daly (Dublin Fingal, Independent)
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48. To ask the Minister for Children and Youth Affairs her views on whether new revelations regarding vaccine trials carried out on children at a location (details supplied) in 1974 warrants a separate investigation to ascertain the person or body that gave permission to a pharmaceutical company to carry out trials for baby formula and other products; the measures she will take to secure files relating to those trials; and if she will make a statement on the matter. [31024/17]

Katherine Zappone (Dublin South West, Independent)
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The Commission of Investigation into Mother and Baby Homes and certain related Matters was established by Government (S.I. No. 57 of 2015) in response to significant public concerns relating to the care and welfare of the women and children who were resident in these institutions. The comprehensive scope of the Commission’s remit ensures it can provide a full account of what happened to women and children in these institutions during the period 1922 to 1998.

Article 1(II) of its terms of reference requires the Commission to examine the living conditions and care arrangements experienced by women and children during their period of accommodation in these institutions. In addition to this broad requirement, Article 1(V) of the terms of reference refers specifically to the examination of vaccine trials in these institutions.

The Commissions of Investigation Act 2004, which is the legal framework underpinning this investigation, provides the Commission with robust legal powers to compel persons to produce documents and answer questions. With regard to records held by third parties, the Deputy may wish to note that section 31 of the 2004 Act requires that any person in possession of documents, or information in any form, relevant to the matters before the Commission shall preserve such information until the Commission concludes its work. As the Commission is independent in the conduct of its investigations it should be understood that the precise timing and approach to the gathering and examination of evidence are matters for the Commission to decide and progress.

For these reasons, I am satisfied that separate investigations are not required in relation to the matters raised by the Deputy. The Commission already has sufficient scope and the necessary legal powers to examine these matters, and to make a determination on their relevance to the central issues in question, and where appropriate to make any recommendations to Government which the Commission deems necessary.