Dáil Éireann Debate, Wednesday - 13 February 2019
39. Deputy Denise Mitchell asked the Minister for Children and Youth Affairs if she has considered the request by some survivors of the Tuam mother and baby home to collect DNA from survivors and their relatives to ensure that as many human remains as possible can be identified; and if she will make a statement on the matter. [6780/19]
Amharc ar fhreagraHas the Minister for Children and Youth Affairs considered the call by some survivors of the Tuam mother and baby home to collect DNA to ensure that as many human remains as possible will be identified and will she make a statement on the matter?
I am aware of calls by the Tuam Home Survivors' Network for the Government to begin collecting their DNA samples immediately. They describe this issue as urgent, in light of the age profile and health status of some survivors.
The purpose of collecting samples would be to compare against any DNA profiles that may be generated from the juvenile human remains found at the site of the former mother and baby home in Tuam and, if possible, to make positive identifications. These issues will ultimately be addressed within the legislation that is currently being scoped by my Department. However, I am sympathetic to the concerns of survivors that their ages and health profiles introduce an element of urgency.
I would like to respond as positively as possible to the survivors' request having regard to the current legislative framework. With this in mind, I have asked Dr. Geoffrey Shannon to examine whether it is possible to meet this request. This examination will be done in the context of what is legally and scientifically possible. In examining this matter, we need to be conscious that important issues arise in respect of the handling of sensitive personal information. It should be possible to find a solution that takes account of survivors' wishes, while providing appropriate safeguards.
Dr. Shannon will consult my officials in the course of his work and provide a report to me in the coming weeks.
I am pleased that the Government is looking favourably on this request. This is a sensitive and sad topic. I hope that Dr. Shannon also looks favourably on it because it is important to the relatives and survivors.
It is my understanding that legislation would not be required if somebody is volunteering DNA. I hope the Minister can clarify where she expects there to be concerns around this. It is positive that Dr. Shannon will report back to her in eight weeks. How long after the report comes back will a decision is made?
I am aware of the concerns of, and the questions and request, from the survivors. I have heard them through the media, they have been in correspondence with me and I have talked to them directly. Because of that and having known and worked so well with them over the years, we want to respond positively.
In answer to the Deputy's question on why, if they volunteer it is not possible to move forward, I will outline the terms of reference agreed for Dr. Shannon's report. Even if people volunteer, we need to ensure that we have the proper legislative framework. The intention and purpose is to compare whatever is collected with what is found in respect of the remains of the children. The terms of reference include the collection of biological samples for comparison purposes – we need to be sure we are okay on that from a legal perspective – the extent to which any relevant family rights under Article 8 of the European Convention on Human Rights might apply, and how best to ensure that the rights of those who wish to give biological samples could be safeguarded in respect of sensitive personal data and informed consent.
To return to Deputy Sherlock's question earlier, a geophysical survey was carried out by the commission at Sean Ross Abbey in Tipperary. The same religious order was responsible for Bessborough. The records contradict each other on the numbers who died. Many of the survivors are convinced that there may be other burials on site. The Minister said the commission is independent, but would she support a similar survey?
That is a great question. The Deputy started by referring to the records showing that the numbers do not add up. The most comprehensive record and analysis of the records will be the commission's report on the burials and we will get that pretty soon. We have many others to be grateful to in regard to the records, not least some of our journalists. What the records show will be part of that report. As a result of that report, the commission will make some finding and some recommendations probably but it has not conducted any geophysical work on that site. I am not privy to why it has made that decision or even if it might change before the report comes out but I suspect not. Should there be evidence in the records that it offers and more work needs to be done in that regard, I am the one who got the decision on Tuam.
May I ask a brief supplementary question on that subject?
Let it be brief.
We have to acknowledge that the Minister is giving the House some signal here that if the report makes an adjudication or finding in respect of Bessborough, there will be an action there and she will consult her Cabinet colleagues. I would be grateful if the Minister would reiterate on the record of the House, given her bona fides in respect of Tuam, that the same set of principles will apply in respect of Bessborough.
I am looking forward to the report and its recommendations and analysis, and I do not expect that I will employ alternative principles in making recommendations to my colleagues on how to respond to it.
To Bessborough?
To Bessborough.
