Dáil Éireann Debate, Tuesday - 20 October 2020
449. Deputy Richard O'Donoghue asked the Minister for Children, Disability, Equality and Integration the reason the retention of records of the Tuam mother and baby home will not be available for public viewing following the findings of the commission of inquiry. [31242/20]
Amharc ar fhreagraThe Commission of Investigation into Mother and Baby Homes was established under the Commissions of Investigation Act 2004. The Act requires that before its dissolution, the Commission shall deposit all evidence received, and all documents created by, or for the Commission with the prescribed Minister. After the expiry of 30 years access to these records is governed by the provisions of the National Archive Act. The legislative framework provides in detail for the Commission’s archive and its confidentiality to be preserved.
The Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and Another Matter, Bill 2020 which is currently travelling through the Houses, is seeking to ensure that the records of the Commission of Investigation are preserved in whole. It also seeks to provide for transfer of databases and records relating to the former residents of the institutions being examined by the Commission, to the Child and Family Agency for use in accordance with existing Statute.
I have separately committed to developing further legislation with a view to an expanded statutory information and tracing service.
It is important to note that unrestricted use or open public access to the information contained in the Commissions database is not being proposed. Importantly, in bringing forward this Bill, it is not proposed that it would extend to providing a basis for any new entitlement or right for access by individuals to these records. Access to personal information held in these records will continue to be regulated by the Adoption Act 2010, GDPR and Data Protection Act and the Freedom of Information Act, having regard to the constitutional rights of third parties.
The records surrendered to the Health Authorities by the Bon Secours after the Tuam Mother and Baby Home ceased operations are currently in the possession of the Child and Family Agency. Many of these records contain sensitive personal information and it would not be appropriate to provide for public access. The Agency has dedicated resources to assist relevant persons in accessing their personal information. Any person seeking such assistance may wish to contact Tusla by phone at 01 7718500 or by email at info@tusla.ie.
