We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Mother and baby home records

Summary

Deputy Gannon questioned the Government’s position on sealing records in the mother and baby homes legislation. The Taoiseach said the Bill was driven by the winding-up deadline for the commission and was intended to preserve records, with further access legislation possible later.

I revert to the legislation on the commission of investigation into mother and baby homes that is to go through the House tonight. In an exchange yesterday with Deputy Cairns, the Taoiseach mentioned the fact that the Government was not seeking to seal the records and asked us to accept his bona fides on that. That statement directly contradicted statements made by the Minister, Deputy O'Gorman, on radio earlier, for example, and statements he has made in the past to the effect that the Government has to seal the records for 30 years in accordance with the 2004 Act. Is it the Taoiseach's understanding that the 2004 Act is superseded by EU law, in particular that which pertains to the Charter of Fundamental Rights and GDPR practice as they relate to this legislation?

Comment on this

To put a context on what I said yesterday and what I have been saying for the past while about the Bill, it is caused by, and necessary to deal with, the very pressing deadline for the winding up of the commission itself, which could allow for the destruction or non-availability of the documents in question.

Comment on this

Yesterday the Taoiseach said it would not.

Comment on this

Please, Deputy Smith.

Comment on this

Deputy Gannon asked a question. I would like an opportunity to reply without the ongoing heckling from the Deputy opposite, which is not constructive. There could be further legislation. There has been an ongoing issue, apart from this issue, with access to records, which was debated in the previous Dáil with the then Minister for Children and Youth Affairs and which was not quite resolved. In my view, there is a desire to try to get this resolved after this legislation, which preserves the records, is dealt with. It is not the case that this is the legislation on its own and that is the end of the matter. That is my understanding of how the Minister sees this.

Comment on this