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Mother and Baby Homes Inquiries

Dáil Éireann Debate, Wednesday - 21 October 2020

Wednesday, 21 October 2020

Ceisteanna (170)

James Lawless

Ceist:

170. Deputy James Lawless asked the Minister for Children, Disability, Equality and Integration if he will advise on the approach to records from mother and baby homes; the proposed archival of same; the issues that arose from this proposal; his views on whether access to the records would be beneficial to survivors, historians or other interested parties; and if he will make a statement on the matter. [31879/20]

Amharc ar fhreagra

Freagraí scríofa

In 2015, when the Government decided to establish an inquiry into mother and baby homes, the model of investigation that it chose was a commission of investigation under the Commissions of Investigation Act 2004. That decision, which was endorsed by the Oireachtas, had indelible consequences for the format of the investigation that was to be conducted, for the mode of engagement with the Commission by third parties who gave evidence, for the rights of those third parties, for the Commission’s report, and for its records.

The records of a Commission comprise all the evidence received by, and all documents created by or for, the Commission in the course of its statutory inquiries. The management of these records must therefore be considered in the context of relevant protections and safeguards within the 2004 Act.

 The arrangements for preserving the records compiled by a Commission of Investigation in the course of its work are prescribed in Section 43(2) of the 2004 Act. This provides that prior to its dissolution, a Commission must deposit all records with the prescribed Minister. On the expiry of a 30 year period thereafter, such records will be transferred to the National Archives and access is regulated in accordance with the National Archives Act, 1986.  

The Commission of Investigation informed my Department that, during the course of its work, it had created a database of mothers and children who passed through the main Mother and Baby Institutions under investigation. The Commission conveyed to the me the benefit of utilising this database but noted the requirement of legislation to provide for this. I concurred with this position, and I have sought Government approval for the urgent drafting of legislation to provide a bespoke solution to this issue.

In my view the development of this database, and arrangements for appropriate safekeeping and access of this information, could be one of the most significant outcomes from the Commission’s work. The proposed Commission of Investigation (Mother and Baby Homes and certain related Matters) Record, and Another Matter, Bill 2020, provides certainty as to the immediate future of the specific database and associated records.

I am aware of the concerns expressed by groups and individuals in relation to the proposed legislation and the desire for wider access to information. I proposed to bring forward a number of amendments to the published Bill to address a number of these matters. I recognise the importance for survivors, adopted people and others impacted by birth family separation, of having access to information related to their original identity and family history. I am absolutely committed to addressing the wider matter of providing a new architecture surrounding access to birth information and tracing. Separate legislative proposals will be required and this will be advanced as a priority.

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