Holly Cairns (Cork South West, Social Democrats)
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255. To ask the Minister for Children, Equality, Disability, Integration and Youth if the pharmaceutical companies involved in non-consensual medical trials in mother and baby homes have liabilities for these actions; and if he will make a statement on the matter. [3180/21]

Roderic O'Gorman (Dublin West, Green Party)
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The Commission’s Terms of Reference require it to establish the extent of compliance with relevant regulatory and ethical standards of the time of systemic vaccine trials found to have been conducted on children in one or more of the homes.

In its Final Report, the Commission has identified a total of seven vaccine trials which took place in the institutions under investigation in the period 1934-1973 and has identified a number of the children involved. It has stated that it is clear that there was not compliance with the relevant regulatory and ethical standards of the time as consent was not obtained from either the mothers of the children or their guardians and the necessary licences were not in place.

The Minister is giving further detailed consideration to the chapter of the Commission's Report concerning vaccination trials.

Holly Cairns (Cork South West, Social Democrats)
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256. To ask the Minister for Children, Equality, Disability, Integration and Youth if he or his Department released copies of the report of the Commission of Investigation into Mother and Baby Homes to journalists ahead of it being made available online to survivors; and if he will make a statement on the matter. [3182/21]

Roderic O'Gorman (Dublin West, Green Party)
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The media have an important public service to perform in covering an issue as detailed and important as the Commission's Report. At 8:00am on the morning of Tuesday 12th, some members of the media were provided with electronic access to a copy of the report to facilitate detailed coverage, under very strict embargo. This practice provides that a detailed, sensitive and informed public discourse can take place, and follows practice employed in publication of other reports of such magnitude. The journalists who were given this access abided by that embargo to ensure that no elements of the report came into the public domain prior to survivors joining the Taoiseach and the Minister at a webinar at 1:30pm, and before it was published at 3pm.

It is a matter of deep regret that details of the Commission's Final Report were leaked to a Sunday Newspaper ahead of its publication. It is important to state that this coverage did not originate from the access provided by my Department under embargo on the day of publication as this was done two days later.

I contacted survivors immediately on learning of this coverage and that matter is now under investigation. I understand why many survivors are feeling hurt and let down that any element of the Report was leaked to the media in this manner. This is not what had been planned and it should not have happened. This issue was discussed at Government level and the Secretary General to the Government is leading an investigation into these matters. I await the outcome of this process.

Holly Cairns (Cork South West, Social Democrats)
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257. To ask the Minister for Children, Equality, Disability, Integration and Youth the reason the sixth interim report of the Commission of Investigation into Mother and Baby Homes was withheld until the release of the final report from the commission; and if he will make a statement on the matter. [3183/21]

Roderic O'Gorman (Dublin West, Green Party)
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The Sixth Interim Report was published in full on 12 January. It is available on my Department's website. This is in line with the commitment I gave last year to publish the Sixth Interim Report in tandem with the Final Report.

The Sixth Interim Report, when originally prepared, contained a technical report related to one chapter of the final conclusions of the report. The then Attorney General advised that this constituted evidence to the Commission and had to be returned to the Commission. All copies held by the Department were destroyed. This content of the technical report is now captured in the final report along with the relevant final conclusions of the Commission.

Another issue raised in the Interim Report is the preservation and transfer of the Commission's records. Most significantly, the Report clearly identifies the challenges and opportunities related to the Commission's archive and its database, which I addressed through the Records Act 2020. The Report also included a request for an extension of time and then Government agreed to an extension end June 2020.

Holly Cairns (Cork South West, Social Democrats)
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258. To ask the Minister for Children, Equality, Disability, Integration and Youth the steps he is taking to conduct a full survey of the Bessborough estate in County Cork in response to the fifth interim report of the Commission of Investigation into Mother and Baby Homes, which states that the commission considers that it is likely that some of the 859 unaccounted children are buried in the grounds, but has been unable to find any physical or documentary evidence of this; and if he will make a statement on the matter. [3184/21]

Roderic O'Gorman (Dublin West, Green Party)
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The Commission of Investigation into Mother and Baby Homes has conducted an extensive five-year long investigation into Mother and Baby institutions, including the burial practices at each of the institutions in its Terms of Reference. In the case of Bessborough, the Commission reported that it was unable to locate the burial place of most of the children, some 859 persons, who died there. This is a deeply tragic state of affairs.

In its Fifth Interim Report, the Commission outlined the extensive measures it took to locate the burials at Bessborough and, while it did conclude that burials are likely to have taken place on the grounds, it also concluded that further investigation of the 200 acre site was not feasible in the absence of further information. I echo the Commission’s plea that anyone in possession of information regarding burials at Bessborough would please come forward.

I note that much of the Bessborough site is now in private ownership. I possess no powers to conduct or order investigations regarding burial sites on privately owned land.

I am aware that two applications for planning permission have been sought in respect of the Bessborough site. I have made submissions to Cork City Council and to An Bord Pleanála, as part of the statutory planning process, outlining my strongly held view that proper account should be taken of the history and sensitivity of the Bessborough site, and that at a minimum further archaeological investigation of the proposed development site should attach as a condition to any potential grant of planning permission. I have also asked that due consideration be given to requests from survivors and their families for appropriate access and respectful memorialisation in due course.

Holly Cairns (Cork South West, Social Democrats)
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259. To ask the Minister for Children, Equality, Disability, Integration and Youth his views on working with the Minister for Housing, Local Government and Heritage to use ministerial directives under the Planning and Development Act 2000 to halt any development on the Bessborough mother and baby home site ; and if he will make a statement on the matter. [3185/21]

Roderic O'Gorman (Dublin West, Green Party)
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I have separately written to An Bord Pleanála and Cork City Council to encourage them to consider the interim and final reports of the Commission of Investigation into Mother and Baby Homes, and the views expressed by former residents of this institution, when deciding on the planning applications for development at the site of the former Bessborough Mother and Baby Home.

I am open to working with any of my Government colleagues in respect of matters relating to mother and baby homes and related institutions. As the Deputy will be aware, I do not have any statutory powers under the Planning and Development Act 2000.

Holly Cairns (Cork South West, Social Democrats)
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260. To ask the Minister for Children, Equality, Disability, Integration and Youth the proposed contents of the redress scheme for survivors of mother and baby homes; the eligibility criteria for same ; and if he will make a statement on the matter. [3186/21]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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265. To ask the Minister for Children, Equality, Disability, Integration and Youth if the report of the Commission of Investigation into Mother and Baby Homes suggests, and if he will consider, the inclusion of all women and survivors of all mother and baby homes in the country when awarding redress; if it will be limited to specified mother and baby homes or certain cohorts of women and survivors; if the latter is the case, the way in which redress will be decided upon; if he will provide information on these specified groups; and if he will make a statement on the matter. [3324/21]

Roderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 260 and 265 together.

The Commission has made clear recommendations in relation to redress on the basis of its extensive 5-year investigation. Notably, the Commission identifies three specific groups for whom it recommends redress might be considered.

The Government has made a very significant and early commitment to accept these recommendations and design a bespoke Restorative Recognition Scheme. An Inter-Departmental Group (IDG), to be led by my Department, will now commence the detailed work to scope the terms and conditions for the scheme. My Secretary General will Chair the IDG and nominations have been sought from relevant departments and agencies. The IDG will examine the three specific groups identified by the Commission, but is not restricted to these.

It is intended that the scheme will be designed as quickly as possible in 2021. The IDG is tasked with reporting by the end of April to enable specific proposals to be brought to Government.

This is a hugely important process for all connected to these institutions and I will be working with colleagues and survivors to advance these matters as a priority.

Catherine Connolly (Galway West, Independent)
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261. To ask the Minister for Children, Equality, Disability, Integration and Youth when all former residents of the mother and baby institutions will be given a hard copy of the Final Report of the Commission of Investigation into Mother and Baby Homes, in full; if his Department has carried out an analysis of the cost of same; and if he will make a statement on the matter. [3210/21]

Roderic O'Gorman (Dublin West, Green Party)
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A printed copy of the Final Report of the Commission is available to any survivor who wishes to have one.

The Report was made available in digital format in the first instance so as to immediately make it available to the widest possible audience. This is particularly important having regard to the sheer size of the report and the challenges which arise in disseminating hard copies, due to current necessary public health restrictions.

On the 13 January, my Department issued an email to our contact list of survivors and advocates and posted a notice on my Department's website, to outline how survivors and their advocates could secure a copy of the report. My Department can be contacted at 01-6473200 from Monday to Friday, 9.30am to 6pm, or by emailing motherandbabyhomes@equality.gov.ie. There is no charge for any former resident to be provided with a copy of the report.

The Department has an abridged version of the Report, containing the main chapters such as the Executive Summary, Recommendations, and of course, the key chapters containing Survivors’ own stories, for any survivor who requests one. The Department also has printed copies of the full report (six volumes of almost 3,000 pages and weighing 8.5kg) which if preferred, are also be available for any survivor who requests one, again free of charge. The Department has limited stocks of both formats but additional copies will be produced to meet demand.

My officials are procuring the services of third parties to print and deliver hard copies of the report, hence the need for written consent from individuals. Names and addresses will be shared with a third party service provider and this will be done in full compliance with General Data Protection Guidelines.

The costs for printing and distribution have been examined by my Department to ensure we can achieve value for money in meeting the demand for hard copies of the Report.

When the public health situation permits, the Department will also make available printed copies of the full report in specified public facilities. Further details of these arrangements will be publicised in due course.

Mark Ward (Dublin Mid West, Sinn Fein)
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262. To ask the Minister for Children, Equality, Disability, Integration and Youth if a comprehensive list of mother and baby homes was compiled; if so, the criteria for inclusion on same; and the location in which the list can be accessed. [3214/21]

Roderic O'Gorman (Dublin West, Green Party)
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The Commission of Investigation into Mother and Baby Homes and certain related matters was established in February 2015 to provide a full account of what happened to vulnerable women and children in these institutions during the period 1922 to 1998. Its terms of reference are attached to the Government Order establishing the Commission (Statutory Instrument No. 57 of 2015). The Commission was tasked with a comprehensive investigation of the practices and procedures regarding the care and welfare of residents in these institutions and the entry arrangements and exit pathways for mothers and their children.

The Commission was established in response to significant concerns around a specific type of institution, namely mother and baby homes. Initially the focus was very narrow and related to concerns with the former home in Tuam, Co. Galway. This focus broadened in the course of the extensive public consultation process which assisted Government in defining the terms of reference. The investigation was framed to provide a clear emphasis on the experiences of women and children who spent time in these institutions. This was a deliberately focused approach.

Clear criteria were used to identify relevant institutions and all institutions identified as meeting these criteria were included in the terms of reference. The criteria used to identify Mother and Baby homes included having the main function of providing sheltered and supervised ante- and post-natal facilities to single mothers and their children, including both board and lodgings; and an ethos which those running the institutions considered to promote a regime of work, training or education as part of an overall approach to either rehabilitating single mothers, or to give them training for living independently.

The complexity in the classification of these institutions, and the challenge of identifying the specific institutions which catered primarily for unmarried mothers and the children since the establishment of the State, was examined in detail by an Inter-Departmental group which advised Government on these matters. Its report was published in July 2014. The advice to the Government was that the specific institutions should be named in the terms of reference to assist the Commission in its task.

Fourteen institutions were named in the terms of reference and the Commission was also tasked with investigating a representative sample of those County Homes which provided mother and baby type services as a considerable focus of their operations. Four County Homes were subsequently selected by the Commission as a representative sample. The Commission's Final Report includes chapters dealing with each of these individual institutions.