Written answers

Thursday, 3 December 2020

Department of Children and Youth Affairs

Mother and Baby Homes Inquiries

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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112. To ask the Minister for Children and Youth Affairs when the report into the mother and baby homes is expected to published; the preparations being made for the report 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. [40788/20]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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113. To ask the Minister for Children and Youth Affairs when the final report of the mother and baby homes commission of investigation will be published; the legal basis on which he immediately referred the report to the Attorney General having received it from the Commission as outlined in his statement on 30 October 2020; and if he will make a statement on the matter; and if he will make a statement on the matter. [40643/20]

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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118. To ask the Minister for Children and Youth Affairs when the sixth interim report of the commission of investigation into mother and baby homes will be made public; when the final report of the Commission of Investigation into Mother and Baby Homes will be made public; and if he will make a statement on the matter. [39847/20]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 112, 113 and 118 together.

Following its five year statutory inquiry, the Commission of Investigation into Mother and Baby Homes and certain related Matters delivered its Final Report to me on 30 October last.

I signalled previously that there would be a short time interval between receipt of the report and its publication, having regard to the procedural issues to be considered prior to publication.

One of the matters undertaken was to refer the almost 3,000 page report to the Attorney General, as the legal advisor to the Government, to ascertain if there were any legal impediments to publication. The basis for this referral to the Attorney derives from Section 38 (2) of the Commissions of Investigation Act 2004, and the obligation on me to consider whether publication of the final report might prejudice any criminal proceedings that are pending or in progress, and if so to apply to the Court for directions. The Attorney's views were sought to assist me in this consideration.

I committed to publishing the report as soon as possible and the necessary considerations are being expedited to enable this to happen. It is essential that this is done in the right way with former residents being given the priority and support they deserve.

In recent weeks I have spoken by telephone to a number of former residents and advocates in this area. I have listened carefully to their views and concerns. Many have cautioned me on the heightened sensitivities of publication of a report of this nature so close to Christmas. I am mindful too that the uncertainty around when those affected will be able to read the report could add to their anxiety.

For these reasons, and in the hope of offering some reassurance, I am confirming today that I will bring a Memorandum to Government in the week of 11 January next, seeking approval to publish the Report immediately. I also intend to publish the Sixth Interim Report from the Commission at that time.

I recognise how important it is that former residents and their families are the first to be notified of plans to publish the Report. In acknowledgement of this, I advised former residents earlier today of the planned publication arrangements through established channels.

I know we will not have reached the many thousands with a connection to these matters, but it was important to do what was possible to ensure former residents are given the recognition and respect to which they are entitled. I have also highlighted the counselling supports available to those who may feel they need additional support.

Additional resources have been 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. Available capacity in these services will be primed to respond to the anticipated increased demand when the report is published.

An information line has also been established in my Department and all relevant contact information is on my Department's website.

The Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020 provides for the deposit of the Commission's database with Tusla, in addition to transferring a copy of this data, together with the Commission's entire archive of records, to me as the prescribed Minister. The archive will be transferred to my Department by 28 February next. Thereafter, my Department will be able to process subject access requests from people who wish to seek access to personal information that may be contained within these records.

The database compiled by the Commission during the course of its investigation is a digital record of the mothers and children who spent time in 15 of the 18 institutions which were under investigation. This system will be an invaluable resource for Tusla now, and for whatever statutory body will be charged with information and tracing services into the future. The legislation also outlines the current restrictions placed on Tusla for the use of the database in delivering its services.

My Department is working intensively to ensure that it is prepared to appropriately manage subject access requests in respect of records within the archive and to provide people with as much personal data as possible. In that regard, my officials 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 in accordance with law.

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