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

Mother and Baby Homes report

Summary

Deputy Cairns pressed the Taoiseach on the Government’s contradictory position on the Mother and Baby Homes report and its impact on judicial reviews. The exchange became highly contentious, with repeated interruptions and appeals from the Chair, and the Taoiseach insisting the commission was independent and that the Government was working to support survivors and implement recommendations.

Does the Government stand over the report of the Commission of Investigation into the Mother and Baby Homes, as it claims it does in the High Court, or does it believe there are such fundamental problems with it that it is now necessary to authorise a separate review of the report, as the Minister has now said? The Chief State Solicitor's office submitted statements opposing judicial reviews being granted because it says these women seeking judicial reviews are not identifiable in the report. The Taoiseach can obviously see the inherent and very blatant contradiction in the Government's approach. It cannot simultaneously defend the report and suggest it is so fundamentally flawed that a separate review of the report is now required. Which is it?

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First, I do not support or accept the Deputy's assertions in terms of-----

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Does he accept that the Chief State Solicitor-----

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I did not interrupt Deputy Cairns. I am entitled to the right of reply. I answer people as they ask questions here. I do not accept the assertion the Deputy made. I make the point that the commission was established by this House. Her party supported the establishment of the commission. Her party supported the legislative framework that governed the establishment of the commission-----

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Will he answer the question, please?

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This is the key. This is the core of the issue. The more fundamental point-----

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My question is does the Taoiseach stand over the report or does he believe it is so fundamentally flawed we need a fundamental review.

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You have asked your question, Deputy Cairns. Please let the Taoiseach answer without interruption.

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This is affecting people's judicial review hearings.

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What is important here is we do not have the wherewithal. We created these commissions of investigation into a whole range of issues. The Mother and Baby Homes investigation was under the aegis of a commission of investigation. It is independent of the Oireachtas and of the Government with respect to its findings and its content. We may disagree on the content of any given report-----

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With two reports that potentially contradict each other, which one does the Taoiseach stand over?

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The Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, is going to deal with this in terms of ensuring a voice for the survivors in respect of those testimonies contained in the confidential report.

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The time is up, Taoiseach. I am sorry.

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That should be acknowledged in the High Court because that is not what the Chief State Solicitor is saying.

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No, the Deputy is being disingenuous on this. That is what I have to say now on that.

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I am sorry but we must conclude on this matter.

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I do not want any conflict on this. We want to try to get to a solution-----

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Yes, can we conclude please?

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------and we are going to implement the key recommendations which we have already made great progress on------

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The Government cannot stand over-----

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-----in terms of information and tracing with the report.

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It is so fundamentally flawed that the Government needs a separate review.

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I am sorry, Deputy. It is not in order to continue to hector the Taoiseach. Can we please adhere to the timelines? I call Deputy Paul Murphy.

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