Éamon Ó Cuív (Galway West, Fianna Fail)
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538. To ask the Minister for Children and Youth Affairs the progress made in the past month in relation to making information available from the evidence collected in the preparation of the mother and baby home report to persons seeking to find out about their children who were in the homes or children born in the homes trying to trace their parents; and if he will make a statement on the matter. [40444/20]

Roderic O'Gorman (Dublin West, Green Party)
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As the Deputy will be aware, the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020 provides that the Commission will be dissolved on 28 February 2021. The records of the Commission will be transferred to my Department by that date; including a copy of a relevant database which will also be supplied to Tusla in accordance with the provisions of the Act.

My officials are working to ensure the Department is fully prepared for receipt of these records and equipped to handle subject access requests in respect of them. In that regard, they are also liaising with the Office of the Attorney General to clarify the nature of the balancing tests which must apply to the release of personal information, both under the GDPR itself as transposed by the Data Protection Act 2018, and under section 39 of the Commissions of Investigation Act 2004, as amended by the Data Protection Act 2018.

As certain records may contain mixed personal data, it is vital that my Department, in processing subject access requests, ensures that the rights of all parties are protected.

Éamon Ó Cuív (Galway West, Fianna Fail)
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539. To ask the Minister for Children and Youth Affairs when the report into the mother and baby homes is expected to be published; the preparations being made for this in terms of support for victims and the provision of information under GDPR to persons affected; and if he will make a statement on the matter. [40445/20]

Roderic O'Gorman (Dublin West, Green Party)
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The Commission of Investigation into Mother and Baby Homes and certain related Matters delivered its Final Report to me on 30th October. I had signalled previously that there would be a short time interval between receipt of the report and the separate arrangements for its publication. I am continuing to work with Government colleagues to expedite matters so that the report can be published as soon as possible.

I am acutely conscious that former residents and their families are awaiting publication of this report. I have listened carefully to the concerns of the former residents and advocates that I have had the opportunity to engage with directly by telephone. For these reasons, I recognise how important it is that former residents and their families are the first to be notified of plans to publish the Report and how to access it. I expect to be able to confirm publication arrangements shortly and former residents will be notified through established channels before any details are confirmed to media. Information appearing in media over recent days is speculative and not accurate.

In terms of preparations to support former residents, my Department has a dedicated telephone information line available for any person seeking further information in relation to these issues. Relevant contact details are available on my Department's website. Contact details are also available for the National Counselling Service for persons who feel they may need professional counselling services. Additional resources were made available to the Health Service Executive in 2020 to put in place dedicated and enhanced counselling and patient advocacy services for former residents of these institutions. My officials have liaised with the Department of Health and the National Counselling Service to ensure that available capacity is primed to respond to the anticipated increased demand for its services which may arise on publication of the report. Relevant contact details have been provided to former residents and their supporters on a number of occasions and this information will be communicated again when the report is being published.

As the Deputy will be aware, the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020 provides that the Commission will be dissolved on 28 February 2021. For the avoidance of any doubt, none of the Commission's records have transferred to my Department as yet. The relevant database and associated records will be supplied to Tusla, and a copy of the records and database, as well as the entire archive of the Commission's records will be transferred to my Department by 28th February 2021.

My officials are working to ensure the Department is fully prepared for the receipt of these records and equipped to handle subject access requests in respect of them. In that regard, they are also liaising with the Office of the Attorney General to clarify the nature of the balancing tests which must apply to the release of personal information, both under the GDPR itself as transposed by the Data Protection Act 2018, and under section 39 of the Commissions of Investigation Act 2004, as amended by the Data Protection Act 2018.

As certain records may contain mixed personal data, it is vital that my Department, in processing subject access requests, ensures that the rights of all parties are protected.