Dáil Éireann Debate, Thursday - 21 July 2016
11. Deputy Clare Daly asked the Minister for Children and Youth Affairs if her Department or Tusla will carry out a full audit of the 13,500 transferred adoption files from Saint Patrick's Guild Adoption Agency. [22972/16]
View answerThe Minister is aware that Saint Patrick's Guild Adoption Agency ceased to operate three years ago. The transfer of files, which we were told would take between one year and 18 months, has actually taken three years. For the record, will the Minister clarify why this has taken so long? Did the issue of indemnity arise as it did when the Bessborough files were transferred? Will a full audit of the 13,500 Saint Patrick's Guild files be carried out and will the Minister indicate a proposed timeframe for that process so people can have access to the information on their files?
Deputy Daly has identified the question of the possibility of carrying out a full audit of the records. I have been advised by Tusla that the records of Saint Patrick’s Guild Adoption Society transferred to Tusla on 25 May 2016. The records transferred include details of adoption and fostering arrangements of children from 1910 onwards. Tusla received in excess of 13,000 records from Saint Patrick’s Guild, which Tusla has advised are well maintained and in good physical condition.
Tusla has established a dedicated team which is reviewing and cataloguing the files so that Tusla can provide an information and tracing service for anyone whose information was held by Saint Patrick’s Guild. Tusla does not propose to undertake a full audit of these files at this time, but the agency will respond to requests from adopted persons who are seeking information. It is important that birth parents, adopted persons and relatives who are seeking either information on or contact with persons from whom they were separated as a result of the adoption, or both, are provided with a service as soon as possible.
Saint Patrick’s Guild was established in 1910 by the Sisters of Charity and is, historically, one of the largest agencies in the country involved in the facilitation of the placement of children for adoption. The guild was an accredited agency under the Adoption Acts 1952 and 2010 for the provision of information and tracing services. The guild advised the Adoption Authority of Ireland of its intention to cease operations from 31 December 2014. Tusla was in discussions with Saint Patrick’s Guild regarding finances, legal issues and logistics for a period of time before the transfer of records could be completed.
Saint Patrick’s Guild has maintained a waiting list of applications from persons seeking information and contact. This information has also been forwarded to Tusla. Tusla will be contacting everyone who has submitted an information and tracing request in respect of the adoption records of Saint Patrick’s Guild with a response to their request as soon as possible.
The Minister has confirmed that some works will be done in this area but I am not sure that it is going to be enough to organise and archive the files properly so that people can get the information they deserve. Perhaps the Minister would let the House know how many staff will be allocated? In the Bessborough situation, once the files were transferred, people were being told that they were in a queue and the process was not in place for staff to give that information.
Will the Minister tell us, and I know that indemnity against legal action arose in the case of the Bessborough files which were transferred, whether she has given indemnity to Saint Patrick's Guild against any future legal cases that might arise? Was this the reason for the delay? Potentially we are dealing with some criminal matters. We know that Saint Patrick's Guild was one of the biggest beneficiaries of the sale of babies to America years ago, having a quarter of those with definitely falsified records and illegal practices. A number of those victims are still alive who would be desperately seeking to access that information. Will the Minister clarify if indemnity is an issue and how access to the files will be dealt with?
There are two parts to the Deputy's question and I will deal with the issue of indemnity first. I assure the Deputy that I will commit to investigating the matter of indemnity.
With regard to the importance of the work of the investigations and how Tusla is managing the process, the agency has informed me that it now has a designated records storage facility in Dublin for the long-term storage of the adoption records. The Saint Patrick's Guild files have been transferred to the facility and a dedicated team is reviewing and cataloguing the files so they will be able to provide an information and tracing service for anyone whose information was held at Saint Patrick's Guild. Priority is being given to individual cases having regard to the particular circumstances of the case, including the age and the health of the individual concerned.
I would appreciate if the Minister would get back to me on the issue of indemnity. I am not blaming her for not knowing but it is critical for the survivors. In making those inquiries, could she deal with whether the Garda will be called in if any irregularities are unearthed because potentially serious criminal matters may be uncovered?
If there was any question of Saint Patrick’s Guild being indemnified against that or the State’s being liable we need to know. Some of the victims of the crimes that happened in that institution need to know that as well. Would the Minister be open to meeting a delegation from the Coalition of Mother and Baby Home Survivors, many of the members of which were involved with Saint Patrick’s Guild? They would give the Minister invaluable assistance on the protections that need to be put in place to deal with a historical record of people’s identity. It is so important for those involved, many of whom are ageing. The clientele is dying out and they have a right to know, as much as anybody else, where they came from and who they are.
I accept the concerns of the people involved, which the Deputy articulated. Like her, I am committed to investigating the issue. I would be willing to meet the survivors because hearing testimony or bearing witness directly is integral to the development of the best policy and practice the Government can provide. I thank the Deputy for bringing this matter to my attention.
