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Magdalen Laundries Issues

Dáil Éireann Debate, Tuesday - 5 November 2013

Tuesday, 5 November 2013

Questions (817)

Finian McGrath

Question:

817. Deputy Finian McGrath asked the Minister for Justice and Equality if the State downplayed the abuse suffered by the Magdalen women at the United Nations. [46766/13]

View answer

Written answers

The UN Committee against Torture (UNCAT) issued its concluding observations on Monday 6 June 2011, following Ireland’s first examination in Geneva, under Article 19 of the UN Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Its concluding observations covered a wide range of areas which impact on the remit of several Government Departments.

In relation to the Magdalen Laundries, the Committee recommended that "the State should institute prompt, independent, and thorough investigations into all allegations of torture, and other cruel, inhuman or degrading treatment or punishment that were allegedly committed in the Magdalen Laundries and, in appropriate cases, prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed, and ensure that all victims obtain redress and have an enforceable right to compensation including the means for as full rehabilitation as possible”.

While I had decided before the UNCAT observations were received to initiate an inquiry into Magdalen laundries, the outcome of that inquiry only became available in January 2013. The McAleese report provides an independent, comprehensive, factual account of the Magdalen institutions. Some of these institutions had ceased operations nearly 50 years previously and there was no reliable account available of their operations. It brought into the public arena a considerable amount of information not previously known. It also showed that many of the preconceptions about these institutions were not supported by the facts.

In particular nothing was discovered to suggest there was systematic torture or other criminal behaviour that would warrant a comprehensive criminal investigation with a view to multiple criminal prosecutions. This is not to rule out the possibility of isolated criminal offences or to down play the harsh conditions endured by the women in question. With regard to prosecutions, the only mechanism to prosecute and punish perpetrators for offences committed in this jurisdiction requires a criminal investigation, a decision by the Director of Public Prosecutions to prosecute and then a criminal trial. Irish law does not provide for any other type of inquiry to lead to criminal prosecutions. Any complaint of criminal behaviour made by any individual to the Gardaí regarding Magdalen laundries are matters that can be investigated by the Gardaí.

The Rapporteur for the follow-up on Concluding Observations of the UN Committee against Torture subsequently wrote seeking clarification and further information on a number of matters including matters relating to Magdalen Laundries. A detailed response to the queries raised was forwarded to the Rapporteur through the correct channels. The full McAleese Report is also available to the Rapporteur.

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