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Registration of Births

Dáil Éireann Debate, Thursday - 24 March 2022

Thursday, 24 March 2022

Questions (3, 4)

Kathleen Funchion

Question:

3. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will establish an inquiry into illegal birth registrations following publication of a report (details supplied) by the special rapporteur on child protection into illegal adoption practices in the State; the form that this inquiry will take; if accountability will be a key component of the inquiry; the consultation process that he plans to undertake; if the €3,000 once-off payment compensation will be applicable to other institutions and or persons; and if he will make a statement on the matter. [15446/22]

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Holly Cairns

Question:

4. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his response to recommendation 17 (details supplied) of the special rapporteur on child protection’s proposals for a State response to illegal birth registrations in Ireland. [15455/22]

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Oral answers (10 contributions)

Following the publication of the report by the special rapporteur on child protection, Professor Conor O'Mahony, into illegal adoption practices in the State, will the Minister confirm if he will establish an inquiry into illegal birth registrations, what form the inquiry will take, if the accountability will be a key component of the inquiry and what consultation processes are planned to be undertaken in this regard? Can the Minister also confirm that a once-off payment or compensation of €3,000 will apply to other institutions and individuals who have claims in this regard?

I propose to take Questions Nos. 3 and 4 together.

Following the publication of the independent review into illegal birth registrations in March 2021, I asked Professor Conor O'Mahony, the special rapporteur on child protection, to consider the significant complexities and challenges which arise in respect of the issue of illegal birth registrations and to provide a report proposing an appropriate course of action. On 14 March 2022, I published the report, which sets out 17 numbered recommendations, one of which is that a State inquiry into illegal adoption should be established. On publication, the Government was able to commit to the implementation of a significant number of the recommendations.

The question of creating an effective non-statutory inquiry is a sensitive, complex and challenging one. The special rapporteur on child protection acknowledged this and, in particular, noted the challenges associated with access to records for a non-statutory inquiry. The Government remains committed to delivering on that comprehensive suite of actions set out in the Government action plan for survivors and former residents of mother and baby and county home institutions. These actions respond to the priority needs and wishes of survivors, their families and advocates. As part of this work, I am advancing an initiative for the recognition and memorialisation of the voices and lived experiences of survivors. This will establish a process for survivors of mother and baby and county home institutions to allow them to come forward voluntarily and share the account of their lived experiences, with a view to having those formally recognised as a part of the official record of the history of these institutions in Ireland.

The Government action plan also contains important measures focused on access to records and the creation of a centralised State repository of records. The Government recognises the potential for a future centralised archive to support future analysis and research on these important matters.

As a consequence of this ongoing work, the Government will need to give further consideration to the specific recommendation on the truth commission. In the coming months, my priority will be to implement the action plan and to deliver the Birth Information and Tracing Bill 2022, which will provide full, unredacted access to birth and early life information for people affected by illegal birth registrations, adopted people and anyone with questions as to their origins.

Regarding the specific question concerning the €3,000 once-off payment and whether that will be applicable to other institutions and-or persons, my aim in bringing forward this payment is to respond to the recommendations of the special rapporteur on child protection in the timeliest manner possible. For this reason, I have received Government approval for a once-off payment for those individuals affected by illegal birth registration in the files of St. Patrick's Guild, where confirmation is already held by Tusla and can form the basis for payment to the individuals affected, without any need to bring forward evidence and meet a certain burden of proof. There may be potential to extend the payment to other confirmed cases after the Birth Information and Tracing Bill 2022 has provided access to records and, as a result, people with suspicions are able to access the evidence necessary to confirm illegal birth registration and consequently effect a change in the birth register.

We have had two significant exposés of illegal adoptions recently, namely, the "RTÉ Investigates" follow-up programme on illegal adoption practices in the State and then the report from Professor Conor O'Mahony's into the State's response to illegal birth registrations. Tusla is still putting obstacles in the way of some people seeking information in this regard. We saw in the follow-up programme to the original broadcast that obstacles still exist. These reports were both damning and they showed that the State had a significant role in facilitating these practices and now has a role in correcting and repairing past injustices.

Professor O'Mahony's report, as the Minister said, contains 17 recommendations. We welcome confirmation that the State will make an apology. It will go some way to amending some of the human rights violations in this context. We need more clarity, however, concerning what form this inquiry will take. I have reservations if there is no accountability, because people would again be left extremely disappointed. We must be aware that many of the people involved are aged and getting older. While we have known about these practices for approximately 70 years, there is still a need for answers.

We cannot have another report like the one relating to the mother and baby homes, and we are mindful that we cannot wait another seven years for an inquiry.

I really hoped this would be one of the topics on which we could all agree and that after all the human rights violations and mistreatment by the State, we would do the right thing immediately and set up this inquiry. The special rapporteur's recommendations and rationale are incredibly clear and compelling. We all know many adopted people could not participate in the commission of investigation into mother and baby homes; not only were they denied the right to tell their story in a State inquiry but as a result, the Taoiseach's apology did not even include them. Each and every one of them deserves the opportunity to contribute to an official State inquiry that would record the abuses they suffered and their impact. Instead, it seems we are offering a possible lesser process and we have another Government that does not consider their suffering worthy of a proper and full recognition. Will the Government establish the inquiry immediately on the system of illegal adoptions and that legacy?

I thank the Deputies. There has been a rightful focus on the question of illegal birth registration through "RTÉ Investigates" programmes and the published report of the independent investigator. Following on from that, the Government and I took action, recognising that the independent reviewer's report, comprehensive though it was, perhaps did not set out clear next steps. We asked Professor Conor O'Mahony to bring forward his report and he has set out clear next steps. He recognises the importance of the Birth Information and Tracing Bill 2022, on which so much work has been done in recent weeks, in answering many of the issues and resolving many of the barriers mentioned by Deputy Tully. I acknowledge they still exist with respect to access to information but the Birth Information and Tracing Bill 2022 will address them. It has been designed specifically so those subject to illegal birth registrations and particularly those who suspect they are the subject of illegal birth registrations may use the processes set out in that Bill.

I acknowledge that work has been done and that under the guidance of the Minister, matters have progressed much more than they had under his predecessors. It is important to say an inquiry is needed that would not go on for years and cost millions of euro. It must get answers and hold people to account for what happened.

The Minister has indicated the €3,000 one-off payment is going to people from St. Patrick's Guild and there is a possibility that process will be opened to others. It is only a possibility at this stage and that depends on information that will come forward. Is that right?

The Birth Information and Tracing Bill 2022 will not address this. Adopted people and their advocates have been calling for an inquiry for decades and the special rapporteur has unambiguously supported that. We need an inquiry straight away and nothing less; for too long people have had to settle for less. It should not be the case any more.

We need a full and proper inquiry that fulfils all the functions of a truth commission and the principles of transitional justice. That is what is being recommended. Responding to the "RTÉ Investigates" programme on illegal adoptions, Professor O'Mahony stated:

I am struck once more by the shattering impact that illegal birth registrations have had on the lives of those affected. We owe them everything that can realistically be done without further delay.

The vast majority of Irish people agree with this and it is disgraceful that the Government does not. State bodies and officials seem determined to prevent a full inquiry so will the Minister please do the right thing and set up the inquiry immediately?

Deputy Cairns is correct about the comprehensive nature of Professor O'Mahony's discussion of the issue of inquiry. He very clearly took the commission-of-investigation model to task, and we all agree it did not deliver what survivors of institutions were seeking. Deputy Tully spoke about accountability. One of the key issues with a truth commission is that it requires people to come forward on a non-statutory basis. As a result, what everybody seeks to achieve from an inquiry may not be delivered from a truth commission model as opposed to a commission of inquiry model, although we have already seen how the commission of inquiry model does not deliver either.

Considering how to go forward in a way that delivers for the desires of survivors is important, and it is why we cannot just immediately say that we are following this course of action. This requires consideration. The completion of major work like the Birth Information and Tracing Bill 2022 is so important in addressing other elements of Professor O'Mahony's report and providing people who have suspicions that they were subject to illegal birth registration with confirmation either way.

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