Mairéad Farrell (Galway West, Sinn Fein)
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223. To ask the Minister for Children, Disability and Equality if the Government will release the records relating to mother and baby institutions instead of keeping them restricted for up to 30 years. [17276/26]

Norma Foley (Kerry, Fianna Fail)
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The arrangements for preserving the records compiled by a Commission of Investigation in the course of its work are prescribed in Section 43(2) of the Commissions of Investigation Act 2004. This provides that, prior to its dissolution, a Commission must deposit all records with the prescribed Minister. On the expiry of a 30-year period thereafter, such records will be transferred to the National Archives and access is regulated in accordance with the National Archives Act, 1986.In 2020 the Commission of Investigation into Mother and Baby Homes informed the department that it had created a database in relation to the mothers and children who passed through 15 of the 18 institutions under investigation. The Commission indicated it believed it would be a valuable resource to assist information and tracing services for mothers and children, but it also felt it was compelled by law to redact much valuable information within.

To ensure that this database information could be preserved and be available to survivors directly, the Government brought forward legislation - the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020. This Act provided for the deposit of the Commission's database with Tusla, in addition to transferring a copy of this database, together with the Commission's entire archive of records, to the Minister for Children.

Legislation enables the department to process subject access requests from people who wish to seek access to personal information that may be contained within the database and these records.

Following engagement with the Office of the Attorney General, the Data Protection Commissioner and independent experts in the area of GDPR, the Department published information for individuals including its privacy notice indicating what personal data the Department holds and how it processes it, and a guide on how to request access to personal information (Subject Access Request (SAR)). A dedicated phone line (01-2376001) provides information for callers on the SAR process, and information on this is also regularly communicated to survivors and former residents via quarterly updates pursuant to the Action Plan. More information on how to access personal data which may be held in the records of the Mother and Baby Homes Commission of Investigation can be found here -

For the avoidance of any doubt, it is important to clarify that the Commission was not in possession of original records and, therefore, no original records were impacted by the provisions in the 2004 legislation. State records remain in the possession of the relevant statutory body and appropriate access is regulated in accordance with relevant statute.

One of the seven major commitments in the Government's Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions was access to identity information. The Birth Information and Tracing Act 2022 provides a full and clear right of access to birth certificates and birth and early life information for all persons who were adopted, boarded out, nursed out or the subject of an illegal birth registration, or who otherwise have questions in relation to their origins. The 2022 Act enables Tusla to process the Commission database for the purpose of responding to requests from relevant persons for personal information. To date, under the Birth Information and Tracing Act, Tusla and the AAI have responded to over 17,200 requests for identity information.

Mairéad Farrell (Galway West, Sinn Fein)
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224. To ask the Minister for Children, Disability and Equality if the Government will fully investigate and, if necessary, excavate the Angels' Plot burial ground at Sean Ross Abbey in order that the children who died there can finally be found, and their mothers told the truth. [17277/26]

Norma Foley (Kerry, Fianna Fail)
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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.

The Commission, which had specific investigative powers, directed a forensic investigation of the burial ground at the Sean Ross Abbey site. It did this in response to information that it had received that the graveyard, when still in use, had drainage works inserted through it and that, based on this assertion, there may be no remains at the site and it may never have been used as a graveyard.

Site surveys, reviews of planning files and an independent drain inspection was followed by a forensic-standard test excavation, with multiple trenches opened in areas across the site where anomalies were identified by the surveys. The investigation found that coffined infant burials were located across the designated burial ground and that these had not been impacted by drainage works. The Commission concluded that no further investigation was warranted. The report of the investigation, which details the objectives, methodology and results, was published in full in the Commission’s final report, with the survey and drain inspection reports included as appendices.

Following publication of the Commission’s final report, the previous Minister for Children engaged with a local group in relation to their concerns that an area beyond the acknowledged burial ground at Sean Ross Abbey may also contain graves. In 2023, funding was provided to the group for them to undertake a survey of the land in question, land that was not subject to forensic investigation by the Commission. That survey showed no clear evidence of burials.

Mairéad Farrell (Galway West, Sinn Fein)
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225. To ask the Minister for Children, Disability and Equality if the Government will reform the mother and baby institutions redress scheme in order that survivors are judged by what was done to them, not by a rigid 180 day cut-off. [17278/26]

Norma Foley (Kerry, Fianna Fail)
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The Mother and Baby Institutions Payment Scheme acknowledges circumstances experienced while resident in a Mother and Baby institution and the associated conditions, shame and stigma endured over a period of time. Using time spent as the deciding factor is intended to support a non-adversarial approach which avoids the need for applicants to have to bring forward evidence or prove abuse or harm. This non-adversarial approach ensures that those who spent longer periods of time in these institutions, and endured the harshest conditions, receive the highest level of support.

The six month eligibility criterion was initially presented in the Commission of Investigation report and was subsequently included in the report of the interdepartmental working group which was asked to scope out the Payment Scheme.

It is acknowledged that some survivors are not eligible for the Scheme and are disappointed by this. However, it should be noted that the Payment Scheme is just one of a large suite of actions being undertaken to respond to the legacy of these institutions under the Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions.

For those who spent shorter periods of time in institutions as young children, the overwhelming priority need which has been expressed by survivors has been access to records. To date, under the Birth Information and Tracing Act, the Adoption Authority of Ireland and Tusla have completed over 17,200 applications for information. All applications are processed in accordance with statutory timeframes.

Other actions in the Action Plan include the provision of counselling supports, the services of the Special Advocate, both already in place, as well as the ongoing development of a National Centre for Research and Remembrance.