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Dáil
‹ Leaders’ Questions.

Marie Therese O’Loughlin’s case

Summary

Ó Caoláin presses for action on O’Loughlin’s account of mistreatment during her years at the Regina Coeli hostel. The Taoiseach says hostels are excluded from the relevant legislation and that officials found no inspection records; the exchange becomes heated as Ó Caoláin challenges that account.

The Taoiseach is aware, as is every member of the Dáil and the Seanad and as are people throughout the country, that a woman has been protesting outside this institution day and night for several months, making what I and many see as a courageous stand for justice. She is undoubtedly an exceptional woman. If anyone took the time to stop and talk with her, that would be confirmed.

Marie Therese O'Loughlin confirms that she was a victim of neglect and serious injury in what has become known as the Morning Star hostel in Dublin. She alleges she was disgracefully ill-treated as a child in that institution. However, she has been denied access to the redress process because the Government deemed that the so-called Morning Star hostel does not fall within the remit of the residential institutions redress board.

Last evening I received a letter from the Taoiseach, comprising a cover note with an accompanying letter from the Department of Health and Children, having raised the matter of Marie Therese O'Loughlin's case with him. The letter from the Department of Health and Children states clearly that the Regina Coeli hostel, which is the same institution as that referred to popularly as the Morning Star, was subject to inspection and regulation by the Department of Health and Children. It states that a search of files related to the Regina Coeli hostel revealed that there was evidence of an inspection or regulatory function by the Department in regard to the hostel.

This information was previously rejected here. In this correspondence, the Department of Health and Children has confirmed that as far back as April 2005 it advised the Department of Education and Science that there was an inspection responsibility and it was carried out. The letter also states that as far back as April 2005, the Department of Health and Children asked the Department of Education and Science to consider including this institution under the Residential Institutions Redress Act, a step that would allow Marie Therese the opportunity of stating her case before the board, seeking redress and to at last be heard.

The Department of Education and Science continues to refuse what the Department of Health and Children as far back as April 2005 commended to that Department. There is a scandal here where justice is being denied to an unfortunate woman. Will the Taoiseach intervene directly in this matter? Will he ensure through his good offices that the Department of Education and Science takes the appropriate steps in order that this poor woman's case can be properly heard and that her health and well-being continuing at risk outside the gates of this House are recognised, addressed and served by an immediate answer?

Comment on this

I answered this question and I have sent correspondence to Deputies on this case. Marie Therese O'Loughlin is a fine person. Most Members of the House at one stage or another have spoken to her. Many officials have also spoken to her and to me regarding this case over many months. I answered questions on the detail of the case.

There is no point in going over old ground to confuse the issue of what was the basis of inspections. She was in the Regina Coeli hostel. Hostels are specifically excluded in the legislation passed by this House. That is the point and all the other points are irrelevant. As I stated previously, it is not good enough that one was in an institution under the Act, one must have been abused in an institution. That is the kernel of the cases. Marie Therese O'Loughlin was in another institution that is listed.

Comment on this

The Taoiseach's response in repeating the mantra that he employed here before does not answer the questions put to him or the immediacy and importance of meeting Marie Therese O'Loughlin's case. This was not an overnight hostel as his choice of language would imply. Marie Therese O'Loughlin spent four and a half years of her young life in that institution. It can be described as nothing else. She was there for four and a half years because she was too young to be placed in any other institution at that time.

The reality is that if the Taoiseach is going to stick to his interpretation of the Act and its application and employed by the Minister for Education and Science, there is a bounden responsibility on him to amend the legislation to allow this institution to be included and Marie Therese's case, and the case of any other legitimately presenting, to be heard before the redress board. There is no other answer the Taoiseach can give.

When a Department, one strangely enough under the control of the Tánaiste and Minister for Health and Children, commends to the Taoiseach's party colleague, the Minister for Education and Science, to take this course of action more than nine months ago, it is not satisfactory that the Taoiseach gets up in this House this morning and continues to kick to touch. It is not acceptable and on behalf of all who seek justice in Marie Therese's case, and all others who deserve to be heard, I ask the Taoiseach once again will he directly intervene? Will he take the appropriate steps to have this case properly met and this poor woman's case heard within the redress process?

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I have every sympathy for Marie Therese McLoughlin——

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Her name is O'Loughlin.

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Marie Therese O'Loughlin. I am duty bound to comply with the procedures. I cannot make up laws or switch laws on my feet to suit cases. I made this point several times to several Deputies and Senators to convey the message. The position is that the two Departments have extensively examined all of their records, files and archives to see whether inspections were carried out at the Regina Coeli hostel, the section of it that was a mother and baby home. There were not.

Comment on this
Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Deputy Ó Caoláin must resume his seat.

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In the letter the Taoiseach sent me yesterday——

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Deputy had his opportunity. The Taoiseach has been called.

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The Taoiseach cannot turn the truth on its head.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

I ask the Deputy to resume his seat.

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I ask the Taoiseach to withdraw that statement.

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Noel Dempsey Mr. N. Dempsey Fianna Fáil

The Deputy should listen to the answer.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

I ask Deputy Ó Caoláin to allow the Taoiseach to answer.

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On a point of order, the Taoiseach is misleading the House.

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If the Deputy listens to what I was about to state——

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I heard exactly what the Taoiseach stated.

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The Deputy did not listen. He heard the first word.

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I heard every word the Taoiseach stated.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Allow the Taoiseach to speak without interruption.

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I said there were no inspections in the home that was part of the hostel, and there were not. The records were extensively checked through an enormous amount of effort by officials in both Departments to see whether inspections were carried out in the mother and baby home that was part of the hostel. Approximately 30 Deputies have asked me questions on this matter and I asked the Departments to investigate it. There were no inspections and no amount of emotion or shouting will change that position.

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It was an integral part——

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I am giving the Deputy the position. Apart from that, hostels are specifically excluded from the legislation passed by this House. It is unfair and unreasonable for Deputies to go out to Marie Therese and suggest something can happen when it cannot. The point I have made, and of which I think the Deputies are aware, is that I cannot say what applications have been made or mention other institutions. Marie Therese was in another institution which is listed.

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