Mairéad Farrell (Galway West, Sinn Fein)
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629. To ask the Minister for Children, Equality, Disability, Integration and Youth the actions being taken to hold individuals and organisations accountable for crimes committed in the mother and baby homes, including child trafficking, illegal adoptions, forced separations, and financial misconduct; if there has been any formal investigation into potential criminal activities, such as trafficking and money laundering, associated with these institutions; and if not, the reason no criminal investigation has taken place despite clear evidence of illegal activities. [5610/25]

Norma Foley (Kerry, Fianna Fail)
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The Commission of Investigation into Mother and Baby Homes and certain related matters, was established by the Irish Government in February 2015, to provide a full account of what happened to vulnerable women and children in Mother and Baby and County Home Institutions during the period 1922 to 1998.

The Commission carried out a significant and wide-ranging statutory inquiry, independent of Government, using powers under the Commissions of Investigation Act, 2004. Under its terms of reference the Commission was tasked with investigating 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. Throughout its inquiry, the Commission relied on the testimony of hundreds of survivors and millions of pages of documentary evidence in order to make findings of fact.

The Deputy makes reference in her question to illegal adoptions, trafficking and money laundering. With regard to adoption, the Commission received evidence from some mothers who signed forms consenting to adoption because they had no alternative, because of family circumstances and/or insufficient means to support a baby. Some of this cohort of women are of the opinion that their consent was not full, free and informed. However, while acknowledging the challenging circumstances, the Commission stated that "with the exception of a small number of legal cases, there is no evidence that this was their view at the time of the adoption."

The Commission also noted that in relation to foreign adoption, that allegations had been made that large sums of money were given to the institutions and agencies in Ireland that arranged foreign adoptions. The Commission stated that “such allegations are impossible to prove and impossible to disprove. Similarly, donations were not illegal and could not be described as unethical unless the adoptive parents were trying to adopt another child.”

At the time of its publication, then Minister Roderic O’Gorman referred the full report from the Commission to An Garda Síochána and the Office of the Director of Public Prosecutions to determine whether information in the report could form the basis for commencing any criminal investigations. Having considered the Commission Report, An Garda Síochána pointed to there being insufficient detail in the report to commence criminal investigations.

On 29th April 2021, An Garda Síochána issued an appeal asking anyone, who believed that there existed sufficient information about alleged crimes at the institutions under investigation, to make contact with them so that such crimes could be investigated.

I would encourage anyone with information that they feel is relevant to bring this information to the attention of An Garda Síochána.

Mairéad Farrell (Galway West, Sinn Fein)
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630. To ask the Minister for Children, Equality, Disability, Integration and Youth what happened to the money from the sale of Sean Ross Abbey; the reason the Catholic Church is not funding the cost of addressing the injustices that took place there, rather than the taxpayer; if the money from the sale reinvested into religious orders or organisations; and if so, the reason the Government has allowed this, given that the organisation in question was responsible for illegal adoptions and forced separations. [5611/25]

Norma Foley (Kerry, Fianna Fail)
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The Commission of Investigation into Mother and Baby Homes made findings in relation to the failings of the State and religious bodies, who together ran Mother and Baby and County Home Institutions. The Government believes that all relevant parties have a shared moral and ethical obligation to support appropriate actions in response to the Commission’s Report.

In 2021, my predecessor, then Minister Roderic O'Gorman, commenced a process of engagement with all the religious bodies and Church Leaders with a view to discussing with them how they might contribute to the Mother and Baby Institutions Payment Scheme.

Following letters issued by the then Minister, he held a series of meetings on an individual basis with each of the religious bodies and lay Catholic organisations involved with these institutions. He then appointed an independent negotiator, Ms Sheila Nunan, to continue the process of engagement, with consultants EY providing financial support throughout. I understand the process is now reaching conclusion and Ms Nunan will report to me in the coming weeks. I will, in turn, brief Government on its conclusions.

I have no information on the sale of Sean Ross Abbey as my Department has no role in the sale of privately owned assets or the dispersal of funds thereafter.

Mairéad Farrell (Galway West, Sinn Fein)
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631. To ask the Minister for Children, Equality, Disability, Integration and Youth who decided on the 180-day rule for eligibility under the mother-and-baby-home redress scheme; the qualifications in child trauma or related fields that the individuals who set this rule had; to provide the credentials or records of the decision-makers who determined this timeframe; the measures taken to address survivors who suffered but do not meet the 180-day requirement; and if the Government will review or amend the scheme to include all affected survivors. [5613/25]

Norma Foley (Kerry, Fianna Fail)
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The Government proposals for the Mother and Baby Institutions Payment Scheme were developed following deliberations on the very complex issues in question. They were informed by a consultation process undertaken with survivors, as well as a report and proposals from an Interdepartmental Group (IDG). Government ultimately decided on proposals which were, in overall terms, broader than those proposed by the IDG and by the recommendations from the Commission of Investigation.

The non-adversarial approach of the Payment Scheme ensures that those who spent longer periods of time in these institutions, and endured the harshest conditions, receive the highest level of support. Having regard to the reference to a six month eligibility criterion in the Commission of Investigation report, this was subsequently included in the report of the IDG which scoped out the Payment Scheme. It is acknowledged that some survivors are not eligible for the Scheme and are disappointed by this.

For children who spent less than six months in an institution and who were adopted in infancy or left the institution with their birth family, the priority need expressed by survivors was access to records. As of 10th February 2025, under the Birth Information and Tracing Act, the Adoption Authority of Ireland and Tusla have completed more than 15,100 applications for information. All applications are processed in accordance with statutory timeframes.

It is important to emphasise that the Payment Scheme is just one element of the Government’s response to the country’s complex legacy of Mother and Baby Institutions. Of the seven major commitments set out in the Government Action Plan for Survivors, published in November 2021, six are now delivered and in place, with the seventh well underway. One of these commitments is counselling support for all survivors and former residents regardless of time spent in an institution. This support is in place, is free of charge, and survivors and former residents can self refer or be referred by a medical professional.

Mairéad Farrell (Galway West, Sinn Fein)
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632. To ask the Minister for Children, Equality, Disability, Integration and Youth to provide a copy of the survey report which found anomalies in the grounds at Sean Ross Abbey; who decided that these findings were not enough to warrant an excavation; the basis for that decision; the alternative action, if any, being taken to account for the over 1,000 missing children from Sean Ross Abbey; if the Government will commit to a full excavation to determine what happened to these children and provide closure to their families; and if the Government refuses to excavate, to outline the alternative justice measures it proposes. [5614/25]

Norma Foley (Kerry, Fianna Fail)
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I am very conscious of the pain caused by the deaths of children who were resident in the former Mother and Baby institution in Sean Ross Abbey.

The investigation of burial arrangements in Mother and Baby institutions, including the former institution at Sean Ross Abbey, was an important part of the work of the Commission of Investigation into Mother and Baby Homes. At the request of the Commission, which had specific investigative powers, a forensic archaeological investigation was conducted at the children’s burial ground at Sean Ross Abbey. The report of that investigation, which was published as part of the Commission’s final report, found that infant human remains were located across the burial ground and that these had not been impacted by any utilities of drainage works. The report notes that coffins, or evidence of coffins, were located with the majority of remains (84%).

As set out in its final report, the Commission was satisfied that the forensic report provided clear evidence that the coffined remains of children under the age of one are buried in the designated burial ground. It noted that, without complete excavation, it was not possible to say conclusively that all of the children who died in Sean Ross were buried in the designated burial ground and that it did not consider that further investigation was warranted.

I understand that, following publication of the Commission’s final report, the then Minister engaged with a local group in relation to their concerns that a privately- owned area beyond the acknowledged burial ground at Sean Ross Abbey may also contain graves. In 2023, funding was provided to the group to support them in undertaking a survey of the land in question, which was not subject to investigation by the Commission.

As the survey was not commissioned by my Department, I am not in a position to distribute copies of the report. The group did submit a copy to my Department, and, as there is no expertise in the Department to assess it, the Chief Archaeologist in the Department of Housing, Local Government and Heritage was asked to review it. The Chief Archaeologist’s review, which has been shared with the group concerned, concludes that the survey report is inconclusive, with no clear evidence of burials. I understand, however, that the group continues to have concerns in this regard.

The Institutional Burials Act 2022 provides a legislative basis for an intervention whereby the remains of those who died in residential institutions, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. Section 7 of the 2022 Act requires that Government must be satisfied that burials have taken place and must have evidence that those burials are manifestly inappropriate in order to establish an Office of Director of Authorised Intervention to undertake an excavation and recovery of remains at a site associated with a particular institution.

Given that the designated burial ground has been forensically investigated and there is no evidence of manifestly inappropriate burials, and there is also no clear evidence of burials or manifestly inappropriate burials in the area outside the designated burial ground, it is not possible to bring forward a proposal to establish an Office of Director of Authorised Intervention to excavate the site at Sean Ross Abbey.

The Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions sets out the suite of measures intended to respond to the priority needs and concerns of survivors, former residents and their families. Significant progress has been made in implementing these measures, including the introduction of the Birth Information and Tracing Act 2022, the appointment of the Tuam Director, the appointment of a Special Advocate for survivors, the opening of the Mother and Baby Institutions Payments Scheme and progressing the development of the National Centre for Research and Remembrance.

Mairéad Farrell (Galway West, Sinn Fein)
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633. To ask the Minister for Children, Equality, Disability, Integration and Youth the reason certain children are excluded from the scheme (details supplied); who made the decision that a child who was in an institution before its classification changed would no longer qualify for redress; the justification the Government has for excluding children who suffered in these homes simply because of a technical reclassification; and if the Government will review this exclusion and provide redress for the survivors. [5615/25]

Norma Foley (Kerry, Fianna Fail)
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With regard to children's homes such as industrial schools, reformatories and other institutions subject to state regulation or inspection, the Residential Institutions Redress Scheme (RIRS) accepted applications from 16 September 2002 to 17 September 2011 and made awards to persons who, as children, were abused while resident in these institutions.

The Mother and Baby Institutions Payment Scheme provides payments and other benefits to people who spent time in any of the Mother and Baby or County Home Institutions that were identified by the Mother and Baby Homes Commission of Investigation as having a main function of providing sheltered and supervised ante and post-natal facilities to single mothers and their children. The institutions covered by the Payment Scheme are set out in Schedule 1 to the Mother and Baby Institutions Payment Scheme Act 2023.

Chapter 2 of the Social History section of the Commission of Investigation report - - details the different types of institutions that existed and whether they fulfilled the criteria to be considered as Mother and Baby institutions.

The Government recognises that there are people who suffered stigma, trauma and abuse in other institutions. If it were to come to light that an institution, in which the State had a regulatory or inspection function, fulfilled a similar function with regard to single women and their children as those included in the Payment Scheme, section 49 of the Act provides that the Minister, with the consent of the Minister for Public Expenditure, NDP Delivery and Reform, may insert an additional institution into the Schedule.

It is important to emphasise that the Payment Scheme is just one element of the Government’s response to the country’s complex legacy of Mother and Baby Institutions. Of the seven major commitments set out in the Government Action Plan for Survivors, six are now delivered and in place, while the seventh is well underway. Key actions include access to birth information, the services of the Special Advocate and counselling support, all already in place, as well as the ongoing development of a National Centre for Research and Remembrance.

Mairéad Farrell (Galway West, Sinn Fein)
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634. To ask the Minister for Children, Equality, Disability, Integration and Youth the measures the Government proposes to take to address all the children who were boarded out and are also excluded from the redress scheme; the steps the Government is taking to ensure that the Catholic Church is held financially and morally accountable for the suffering caused in these institutions; and if the Government will force the Catholic Church to contribute financially to any reparations rather than leaving the burden solely on the taxpayer. [5616/25]

Norma Foley (Kerry, Fianna Fail)
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The Government proposals for the Mother and Baby Institutions Payment Scheme were developed following extensive deliberations on the very complex issues in question. They were informed by a consultation process undertaken with survivors, as well as a report and proposals from an Interdepartmental Group (IDG). Government ultimately decided on proposals which were, in overall terms, broader than those proposed by the IDG and by the recommendations from the Commission of Investigation.

The Scheme is designed to be non-adversarial, and there is no individualised assessment of an applicant's personal experiences in order to qualify for a payment under the Payment Scheme. Eligibility is based solely on the length of time spent in a relevant institution. While a person may be eligible for the Scheme in respect of time spent in one of the institutions, a more individualised assessment process would be required for experiences outside of those settings. Children were boarded out in a range of circumstances, in some instances from their own home or from institutions other than a Mother and Baby or County Home Institution and, so, could only be fully considered on a case-by-case basis and with the need for evidence to be presented. I appreciate that this is disappointing, but this decision was borne out of a genuine desire to create a Payment Scheme which was straightforward and non-adversarial for those who apply to it.

It is important to emphasise that the Payment Scheme is just one element of the Government’s response to the country’s complex legacy of Mother and Baby Institutions. Of the seven major commitments set out in the Government Action Plan for Survivors, six are now delivered and in place, while the seventh is well underway. The Action Plan provides support and acknowledgement to those who were boarded out as children in the following ways:

• access to birth and early life information,
• the services of the Special Advocate,
• counselling support,
• the ongoing development of a National Centre for Research and Remembrance which will stand as a national site of conscience and honor equally those who spent time and suffered in institutions, were adopted or boarded out.

Mairéad Farrell (Galway West, Sinn Fein)
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635. To ask the Minister for Children, Equality, Disability, Integration and Youth further to the Programme for Government commitment on page 65, “Recognizing and Learning from Our Past”, where the Government commits to continuing to deliver the action plan for mother and baby home survivors and building the National Centre for Research and Remembrance, if he will clarify what, if anything, is new in these commitments, given that these initiatives were already announced in November 2021; and if these are just a continuation of previous policies, or if there are concrete new actions being introduced. [5617/25]

Mairéad Farrell (Galway West, Sinn Fein)
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636. To ask the Minister for Children, Equality, Disability, Integration and Youth to outline the Government’s specific plan going forward regarding justice for mother and baby home survivors; if there will be any change to the redress scheme; if there will be any action taken to hold individuals and institutions responsible for past abuse; and the steps that will be taken to properly investigate the more than 1,000 children missing from Sean Ross Abbey and other institutions. [5618/25]

Norma Foley (Kerry, Fianna Fail)
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I propose to take Questions Nos. 635 and 636 together.

The Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions was published in November 2021 and the current Programme for Government has underlined continued commitment to its ongoing delivery . The Action Plan provides a strategic framework to respond to the priority needs of survivors in the context of the recommendations of the Mother and Baby Homes Commission of Investigation.

While the Action Plan is multi-annual and ongoing, the following major commitments are now delivered or well underway:

• A formal State Apology to Survivors delivered by An Taoiseach in 2021.
• The Mother and Baby Institutions Payment Scheme which opened in March 2024 and provides financial payments and health supports to qualifying survivors. Any changes to this Scheme would require new legislation.
• The Birth Information and Tracing Act which commenced in October 2022 and provides access to identity information, as well as tracing services to support contact and family reunion.
• The Institutional Burials Act, and the establishment in 2023 of an independent Office under that Act to lead the intervention at the site of the former Mother and Baby Institution in Tuam and oversee dignified reburial of remains.
• The appointment in March 2024, of a Special Advocate for Survivors to amplify the voice of survivors and enhance survivor engagement.
• The provision of counselling services and out-of-hours counselling for survivors on an ongoing basis.
• The creation and administration of a commemorative grant scheme for survivors who wish to hold events.
• The delivery of a scholarship scheme on tackling childhood disadvantage.
• The creation of a Children’s Fund in memory of all children who died in Mother and Baby Institutions. The Fund of €17.5m over 5 years will support several projects.