Written answers

Wednesday, 27 January 2021

Department of Children, Equality, Disability, Integration and Youth

Mother and Baby Homes Inquiries

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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548. To ask the Minister for Children, Equality, Disability, Integration and Youth his engagement with the forum for the survivors of mother and baby homes; the number of meetings since he took office; and if he will make a statement on the matter. [3745/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I recognise the challenge of building trust with those who have experienced trauma and hurt over an extended period. The State accepts its responsibility for the failure to listen in the past, and in more recent times. I have voiced my commitment to enhanced engagement with survivors and their advocates, including members of the Collaborative Forum.

Throughout 2020, members of the Forum were appraised of developments and updated on matters related to the Commission of Investigation by the Secretariat to the group. It is the practice and policy of my Department to issue updates and announcements to the Forum and other relevant stakeholders before they are issued more generally.

It is clear that new demands now emerge in seeking to facilitate dialogue on the Commission’s Final Report and the State’s Action Plan in responding to its findings. Structured engagement and consultation around the Action Plan requires specific structures, systems and resources to ensure it is inclusive and effective. Innovative methods are required to achieve this objective, especially given the continuing challenges presented by the restrictions necessary to reduce the public health risks associated with Covid-19.

I want to commence this enhanced dialogue as quickly as possible. As a first step, I will consult with members of the Collaborative Forum as I believe that a new and enhanced model of engagement, which builds upon the strengths of the existing process, can add to the significant work to date. I have invited members of the forum to two virtual meetings in the coming weeks to discuss the Final Report and how best to develop dedicated channels of communication and increase opportunities for direct engagement with the large number of stakeholders and their representative groups.

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein)
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549. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will grant survivors of mother and baby homes immediate access to their birth certificates and records; and if he will make a statement on the matter. [3756/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I know the absolute importance of access to birth certificates and early life information for adoptees. Addressing this issue is a key part of the Government's Action Plan in response to the Final Report of the Commission of Investigation into Mother and Baby Homes. It is a priority for myself, the Attorney and the Taoiseach.

My Department and I are engaging intensively with the Attorney General to find a solution to the issue of release of birth information based on GDPR, which protects an individual's right to their personal information. Through this engagement with the Attorney General regarding the proposed information and tracing legislation, I am hopeful that we will have Heads of Bill by end March or early April.

The Mother and Baby Homes Commission of Investigation will stand dissolved in law on 28 February 2021 and is due to submit its archive of records to myself as the specified Minister by that date.

My Department is working intensively to ensure that it is properly resourced to handle subject access requests from possibly very large numbers of people who were resident in mother and baby homes. In this regard, a new Unit has been established to look after this hugely important and potentially significant volume of work.

There is a considerable amount of work to enable the transfer of the Commission's databases and records. Furthermore, there is considerable preparatory work being undertaken to establish systems and procedures to prepare for the potentially large number of subject access requests which may be made and to ensure that they can be managed in a timely and effective manner. This involves the engagement of suitable in-house expertise, consultation with the Attorney General and the Data Protection Commission.

Department officials are dedicating significant efforts to ensuring the Department is prepared for the transfer of the archives and for the handling of subject access requests in compliance with data protection law.

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein)
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550. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will bring forward proposals to carry out excavations at all former mother and baby institutions and county homes. [3757/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The General Scheme of the Certain Institutional Burials (Authorised Interventions) Bill seeks to provide a legal basis to carry out a programme of phased, forensic-standard excavation, exhumation and reinterment of remains at the site of the former Mother and Baby Home in Tuam.

The Scheme would also provide a legal basis for interventions of a similar nature to take place at current or former institutional sites other than the Tuam site, if Government deemed that necessary in specific circumstances. This is notwithstanding the view that, from a legal and ethical perspective, it may be considered appropriate to leave burials undisturbed wherever possible. In this context, therefore, a burial site must be manifestly inappropriate and meet other certain defined criteria in order for Government to consider an intervention.

The investigation of burial arrangements of persons who died while resident in Mother and Baby Homes was a key focus of the terms of reference for the Commission of Investigation. It dedicated significant time and effort to advancing its investigations into these matters. As it stands, we do not have reason to believe that the extraordinary and disturbing burial practices such as those at the former “Home” in Tuam prevailed at any other Mother and Baby institution. Given the extensive investigation of burials conducted by the Commission, with the full suite of powers available to it, it is not clear that further investigation can uncover additional information regarding burial practices or locations.

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein)
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551. To ask the Minister for Children, Equality, Disability, Integration and Youth if a redress board will be established considering the final report of the Commission of Investigation into Mother and Baby Homes and certain related matters. [3763/21]

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein)
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552. To ask the Minister for Children, Equality, Disability, Integration and Youth his views on making St. Brigid’s Day a national holiday in memory of all of the victims and survivors of mother and baby institutions. [3764/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 551 and 552 together.

An Interdepartmental Group (IDG) will develop proposals for a bespokeex-gratia Restorative Recognition Scheme to provide financial recognition in respect of the issues examined by the Commission of Investigation.

The IDG will examine the three specific groups identified by the Commission in its recommendations, but is not restricted to these. My Secretary General will chair the IDG and nominations have been sought from relevant departments. The terms of reference for this work have been drafted and will be finalised and agreed by the IDG.

I want the scheme to be designed as early 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.

In responding to the Final Report of the Commission of Investigation, the Government approved development of a Strategic Action Plan encompassing a suite of measures. We will take a survivor-centred approach, with consistent engagement with former residents and their representative groups, on the development and implementation of these measures.

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