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Mother and Baby Homes Inquiries

Dáil Éireann Debate, Wednesday - 2 December 2020

Wednesday, 2 December 2020

Questions (111)

Richard Boyd Barrett

Question:

111. Deputy Richard Boyd Barrett asked the Minister for Children, Equality, Disability, Integration and Youth when the Mother and Baby Commission report will be published; the records that will be accessible; the records that will be sealed; the length of time they will be sealed; and if he will make a statement on the matter. [40748/20]

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Written answers

The Commission of Investigation into Mother and Baby Homes and certain related Matters submitted its final report to me on the 30th October 2020. I had signalled previously that there would be a short time interval between receipt of the report and the separate arrangements for its publication. The necessary considerations are being expedited to enable this to happen as soon as possible. It is essential that this is done in the right way, with former residents being given the priority and support they deserve.

I expect to confirm publication arrangements shortly as I believe this could provide some reassurance to those most centrally involved. Former residents will be notified by my Department, through established channels, before any details are confirmed to media. Unfortunately, information appearing in media over recent days is speculative and not accurate.

It is important to be as clear as possible on the matter of the Commission's records. The archive of the Commission of Investigation is still in the Commission’s possession. The transfer of the archive to my Department, and the question of access to personal information within these records, are completely separate matters to the arrangements for publication of the final report.

The Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020 provides for the deposit of the Commission's database with Tusla, in addition to transferring a copy of this data, together with the Commission's entire archive of records, to me as the prescribed Minister. The archive will be transferred to my Department by 28 February next. Thereafter, my Department will be able to process subject access requests from people who wish to seek access to personal information that may be contained within these records.

The database compiled by the Commission during the course of its investigation is a digital record of the mothers and children who spent time in 15 of the 18 institutions which were under investigation. This system will be an invaluable resource for Tusla now, and for whatever statutory body will be charged with information and tracing services into the future. The legislation also outlines the current restrictions placed on Tusla for the use of the database in delivering its services.

For the avoidance of doubt, section 5 of the 2020 Act refers to the obligation on the Commission to deposit its records in accordance with section 43 of Commissions of Investigation Act 2004. The existing legal framework of the 2004 Act provides that this information will be retained by my Department for a period of 30 years prior to its transfer to the National Archives.

My Department is working intensively to ensure that it is prepared to appropriately manage subject access requests in respect of records within the archive and to provide people with as much personal data as possible. In that regard, my officials are also liaising with the Office of the Attorney General to clarify the nature of the balancing tests which must apply to the release of personal information, both under the GDPR itself as transposed by the Data Protection Act 2018, and under section 39 of the Commissions of Investigation Act 2004, as amended by the Data Protection Act 2018. As certain records may contain mixed personal data, it is vital that my Department, in processing subject access requests, ensures that the rights of all parties are protected in accordance with law.

These issues underline the importance of enacting a robust legal regime to underpin access to birth information and tracing services. I have given a commitment in this regard, and I will bring forward fresh proposals on information and tracing next year.

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