Dáil Éireann Debate, Thursday - 11 May 2017
29. Deputy Clare Daly asked the Minister for Children and Youth Affairs if she will recommend that the mother and baby home commission extend the sampling method as established in the terms of reference to include the six institutions currently excluded from the full inquiry, but included partially in exit pathways; and if she will make a statement on the matter. [22317/17]
Amharc ar fhreagraAs the Deputy will be aware, under the terms of reference set out in S.I. No. 57 of 2015, the Commission of Investigation into Mother and Baby Homes (and certain related Matters) is currently investigating the 14 named Mother and Baby Homes and a representative sample of County Homes. Section 14 of the Commission's terms of reference states that the Commission has the discretion to use such sampling techniques or selection of samples as it may determine. This provision is intended to assist the Commission to effectively and comprehensively investigate those matters within its terms of reference.
It is not fully clear from the question which specific institutions the Deputy is referring to or whether the suggested course of action is compatible with the provisions of the Commission of Investigations Act 2004. In regard to making recommendations to the Commission of Investigation into Mother and Baby Homes (and certain related Matters) the Deputy will be aware that the Commission is independent in the performance of its functions.
The Second Interim Report of the Commission which I published on the 11th April 2017 did not make any recommendation regarding an extension of their terms of reference. The Commission stated that it was satisfied that the institutions it is investigating are ‘unquestionably’ the main such homes that existed during the 20th century and that it does not currently recommend that other institutions be investigated.
I am conscious that the Commission's terms of reference already include mechanisms to ensure that any additional matters which the Commission may deem to warrant investigation can be brought to the attention of Government. However, I have committed to a scoping of the Commission's terms of reference to see if broader terms of reference would help answer additional questions now arising and will carry it out with a focus on allowing the Commission to complete its existing work in the first instance. The Commission will be consulted as part of this process in accordance with the Commission of Investigations Act 2004 .
