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

Mother and Baby Homes commission extension

Summary

Deputy Cairns says the commission must be extended so survivors can seek judicial review and access remedies, and accuses the Government of ignoring a passed motion. The Minister replies that the focus is on securing access to records and protecting survivors’ data, while saying judicial review remains available.

It is essential to extend the Commission of Investigation into Mother and Baby Homes so people can seek a judicial review, if required. That is a legal entitlement. It would allow the Director of Public Prosecutions to continue its investigation. If any testimonies are not recovered, survivors can seek a remedy under the general data protection regulation, GDPR, as required by EU law.

Yesterday, the Government passed the Social Democrats motion to extend the commission but it will not do it. We all know this is a cynical move to avoid the optics of Government Deputies voting against extending the commission. The Government can simply ignore it until the commission dissolves on Sunday. It is unbelievable, cynical and beyond disappointing. I do not know how the Minister will square that with the electorate, survivors or himself, but the legislation is ready to go. Will the Minister please change his approach and honour the motion that was already passed in the interests of justice and democracy?

Comment on this

I did not hear the interview but I understand the Data Protection Commissioner, DPC, was on the radio this morning and she indicated she would continue to work with the relevant designated data authorities for the records of the 550 or so survivors. I believe the approach the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, has taken has been correct and appropriate, which it must be.

Comment on this

The House passed a motion yesterday, which the Government has no intention of honouring.

Comment on this

The key point we want to honour is those 550 survivors and their ability to get access to data.

Comment on this

They cannot take a case against a non-entity.

Comment on this
Catherine Connolly An Leas-Cheann Comhairle Independent

Deputy Cairns should not interrupt. She is using up time. Please allow the Minister to reply.

Comment on this

People are always entitled to a judicial review but the Minister's focus is correctly on making sure that the data, which are the subject of real concern, are accessible in a way that is appropriate and is in compliance with the DPC.

Comment on this
Catherine Connolly An Leas-Cheann Comhairle Independent

I thank the Minister. I am moving on.

Comment on this

He is doing that, which is the key thing he must do.

Comment on this