I propose to take Questions Nos. 729, 730 and 740 to 742, inclusive, together.
I wish to assure the House that this Government is committed to establishing an effective Commission of Investigation into matters relating to Mother and Baby Homes which can deliver on public expectations in a realistic manner.
Considerable progress has been achieved to date and discussions are on-going with my Government colleagues with a view to finalising our deliberations on the terms of reference in early course. The Inter-Departmental Group’s Report, which I published on the 16th July, has served to stimulate and further inform public debate on these important matters. The work of the Inter-Departmental Group concentrated on the potentially most salient records which were accessible in the time available so as to inform Government's considerations of the scope and format of the Commission of Investigation.
The Report acknowledges the need to learn from the experience and lessons of previous statutory inquiries. It is my view that our approach should have regard to the facts established through recent inquiries into related institutions, and the general experience gained in conducting similar investigations into matters of public importance.
Given the breadth and complexity of the issues involved it is clear that comprehensive and precise terms of reference are required to ensure the Commission is set up on the most sound footing possible. The investigation needs to be broad enough and inclusive enough to give us an understanding of the issues but precise enough to facilitate completion in a timely and cost effective way. This is a complex task and it is appropriate to take the necessary time for detailed consultation and drafting. To do otherwise would not be in the best interests of the mothers and children most concerned or serve the wider public interest.
With regard to the specific question of criminal investigations, the Act obliges the Commission to report to the Minister and if the report reveals issues of concern which are potentially criminal in nature, these will of course be referred to the appropriate investigative and prosecution authorities.
I wish to again acknowledge the constructive contribution of opposition spokespersons and Deputies on both sides of the House with whom I have met. As I have previously stated, seeking the widest consensus possible in developing the terms of reference will assist in establishing an inquiry which is capable of effectively addressing these important matters in a sensitive and timely manner.
I expect to be in a position early in this Dáil term to bring a Memorandum to Government setting out the proposed Terms of Reference with a draft order to establish the Commission.