Written answers
Thursday, 13 October 2022
Department of Children, Equality, Disability, Integration and Youth
Mother and Baby Homes
Holly Cairns (Cork South West, Social Democrats)
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142. To ask the Minister for Children, Equality, Disability, Integration and Youth the steps that he is taking to engage with survivors concerning the forthcoming intervention at the Tuam site under the Institutional Burials Bill 2022. [50329/22]
Roderic O'Gorman (Dublin West, Green Party)
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Since taking Office I have visited the site of the former Mother and Baby institution in Tuam and met with survivors and relatives of those who died while resident in the institution. I carefully considered the issues raised by them in the development of the Institutional Burials Act 2022.
The Act, which was signed into law in July 2022, provides the underlying legislative basis for an intervention, whereby the remains of those who died in residential institutions in respect of which a public body has or had a relevant role, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. It also provides for the identification of remains and their return to family members, where possible.
On 4 October, the Government made an Order under the Act to establish an independent Office to lead an intervention at the Tuam site. The making of the Order follows on from Resolutions in the Dáil and Seanad last month approving the draft Order that was agreed by Government in July. Progress at the various stages has been communicated to survivors and any other stakeholders who have expressed an interest in receiving updates on these issues from my Department through our dedicated mailing list.
Arrangements for recruitment of a Director to head up the Tuam Office are currently being finalised and my officials are liaising with the Public Appointments Service in this regard. Preparations are also underway for the appointment of an Advisory Board to provide advice and guidance to the Director. The legislation provides that the Board will consist of six members and will include a former resident and a family member of the deceased. The Director will be required to consult with the Board at regular intervals, including at key decision points in an intervention.
In addition, in line with the provisions of the Act, the Director will be required to provide regular updates on the intervention to family members, stakeholders and the public.
Holly Cairns (Cork South West, Social Democrats)
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143. To ask the Minister for Children, Equality, Disability, Integration and Youth his views on establishing an independent review of the testimony given by survivors to the Confidential Committee of the Commission of Investigation into Mother-and-Baby Homes and certain related matters. [50331/22]
Roderic O'Gorman (Dublin West, Green Party)
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The Confidential Committee module was created alongside the Commission's inquisitorial process to allow those with lived experience of the institutions to provide their accounts as informally as possible. Although this was envisaged as a way to allow the truth as survivors wanted it told to emerge, I am mindful that this has not happened for many. I have always recognised the importance of these testimonies. This is why I went to some lengths to secure the audio recordings when originally they were believed to have been deleted.
Many of the witnesses who described their personal experiences to the Confidential Committee did so in the legitimate expectation that their confidentiality would be protected after the dissolution of the Commission. I know the anger and frustration many survivors felt when they saw their testimonies abbreviated, or condensed with the testimonies of others. They wanted their own words to stand as part of the historical record. This is what I want to achieve too.
I believe that a new process with the capacity to record, preserve and recognise survivors’ personal accounts, presents the most meaningful opportunity to address the concerns expressed to me. Such a process can restore choice and agency to survivors. The accounts will be housed in the National Centre for Research and Remembrance. This rightly places the lived experience of survivors at the heart of our National Archives in a visible and powerful way.
This new initiative will focus on respectful recording and acknowledgement of the lived experiences of those who spent time in institutions. The process will have a statutory basis and operate with the consent of participants. Those who recounted their experiences to the Confidential Committee will have the option of permitting the reuse of this testimony and/or offering new or additional oral or written testimony. Importantly, the process will be underpinned by human rights principles and overseen by a team with expertise in human rights, trauma and memory, communications and oral history.
In advancing our deliberations we are consulting with relevant legal and technical experts to develop the initiative in the context of work on the National Centre for Research and Remembrance. Most importantly, we will also consult survivors on their views. This initiative demonstrates the State’s willingness to hear and formally acknowledge the deeply personal accounts of survivors. I will bring specific proposals on the initiative to Government for approval by the end of the year.
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