Matt Carthy
Question:
284. Deputy Matt Carthy asked the Minister for Justice the information that has been brought into the public domain regarding the deaths of children at the Bon Secours Mother and Baby Home at Tuam, County Galway that has been the subject of any criminal investigation; if excavations will take place at the site; the next steps that will be taken to secure the full information as the incidents which occurred at this home; and if she will make a statement on the matter. [56598/21]
View answer
I have requested the information sought by the Deputy from An Garda Síochána, but I have not received this information in time. I will write directly to the Deputy as soon as the information is to hand.
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 284 of 18 November 2021 where you sought:
“The information that has been brought into the public domain regarding the deaths of children at the Bon Secours Mother and Baby Home at Tuam, County Galway that has been the subject of any criminal investigation; if excavations will take place at the site; and the next steps that will be taken to secure the full information as the incidents which occurred at this home ”.
As you will recall, I sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand. I would like to take this opportunity to apologise to you for the delay in responding to your query.
Under Section 26 of the Garda Síochána Act 2005 the Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including operational matters, such as the investigation of alleged crimes. I have no involvement in these matters, and it would not be appropriate for me to comment on any ongoing investigation.
As you are aware the Commission of Investigation into Mother and Baby Homes and certain related matters was established by Government in 2015 to provide a full account of what happened to vulnerable children and women in Mother and Baby Homes from 1922 to 1998.
The Commission was also given responsibility to examine claims regarding inappropriate burials practices in Tuam. In March 2017, the Commission confirmed the presence of juvenile human remains in what appears to be a sub-surface and multi-chambered structure. In response, the then Minister for Children and Youth Affairs commissioned an Expert Technical Group (ETG) to outline the options available for responding appropriately to the situation.
In October 2018 the Government decided that a phased, forensic-standard excavation, recovery and identification (if possible) of the remains should be carried out at the full available site at Tuam, followed by respectful re-interment of remains. The Attorney General advised that new legislation was required to implement the decision.
The final report of the Commission of Investigation, which was published in January 2021, and was shared with An Garda Síochána.
An Garda Siochána carefully considered the Commission's final report and determined that there was insufficient information available in the report to commence criminal investigation. In April 2021 An Garda Síochána invited anyone who was the victim of a criminal act arising out of the Mother and Baby Homes, or who had information likely to assist an investigation into a criminal act committed at a Mother and Baby Home, to come forward and report this so that such crimes can be investigated where possible.
I am informed by the Garda authorities that Gardaí in the Galway Division have and will continue to assist persons who come forward with complaints about their treatment or the treatment of their relatives while residing at St. Mary’s Mother and Baby Home, Tuam, Co. Galway.
As you are aware the site has been excavated on two occasions by a team of Archaeologists, initially connected to the Commission of Inquiry in October 2016 and later in January/February 2017 as part of the Expert Group. On both of these occasions, the Gardaí provided support to the Archaeologists dig by way of security in order to maintain the integrity and privacy of the site.
An Garda Síochána also assisted in the co-ordination of any enquiries between the Archaeologists, the local Coroner and the Office of the State Pathologist.
As a result of providing this particular service to the Commission of Inquiry and the Archaeologists on site, considerable Garda Resources were expended on a 24 hour basis. This was a matter for the Chief Superintendent in Galway who felt it was necessary to support the Commission of Inquiry in this very sensitive work.
At present Gardaí continue to assist persons who have come forward following the publication of Justice Murphy’s substantial report and these enquiries are being coordinated through and Incident Room at Garda North Western Region Headquarters, Galway.
In February 2022, the Minister for Children, Equality, Disability, Integration and Youth published the Institutional Burials Bill. The legislation seeks to ensure that the remains of those who died in residential institutions, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. It also provides for the identification of remains and their return to family members, where possible.
The Bill was signed into law by President Higgins on 13 July 2022.
The Government can now direct an intervention in Tuam and a Director of Tuam Authorised Intervention can be appointed for that purpose.
It should be highlighted that under the legislation where the Director overseeing the intervention at a site recovers remains which show evidence of violent or unnatural death, the Director must immediately inform the coroner within whose district the remains were recovered, and An Garda Síochána.
I hope that this information is of assistance.
