Bessborough development permission
Deputy Holly Cairns condemned planning permission for apartments at Bessborough, arguing the State has failed survivors and that the site may contain uninvestigated burials. She pressed the Taoiseach to seek an inquest, compulsorily purchase the land, and open archival records; he rejected claims of secrecy, said the State had protected archives, and noted planning conditions would require work to stop if human remains were found.
The decision by An Coimisiún Pleanála to grant planning permission for apartments at Bessborough is disgusting. This represents yet another failure, a betrayal by the State of the thousands of women and children who were incarcerated and abused there and of the 859 children and 19 women who remain unaccounted for and are presumed dead. I read An Coimisiún Pleanála's decision in detail and I cannot get over it. It states, "from the information available, there is no evidence that there are unrecorded burials" on the development site. Yet, the report of the Commission of Investigation into Mother and Baby Homes said it was highly likely that burials took place on the grounds. What happened after that conclusion was reached? Was there a comprehensive survey of the grounds? Was ground-penetrating radar used? Were test excavations conducted? No. Instead, planning permission was granted to build apartments over the unmarked graves of disappeared children.
Unlike those done in Tuam and at Sean Ross Abbey, the so-called archeological assessment carried out by the commission has never been published. It remains sealed, along with the entire archive of documents relating to Bessborough. No one can access those documents, not even An Coimisiún Pleanála. The fact the latter can grant planning permission and simultaneously conclude that the history of burials on the grounds is incomplete is just appalling. The trauma this has caused survivors is immeasurable. One survivor Terry Meyer told the Irish Examiner it was like "a stab in my heart and soul" because it showed "the inhumanity, and the callousness".
Two weeks ago when I asked the Taoiseach to purchase the site using a compulsory purchase order, CPO, he told me he was waiting for the outcome of the appeal before deciding how to respond. He has it now, so what is he going to do? Will he unseal all records about burials from the archive of the mother and baby homes commission?
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Will he ask the Attorney General to order an inquest into the deaths of children and women in Bessborough, as he has the power to do under section 4 of the Coroner's Act 1962? Critically, will the Government CPO the land?
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The Deputy's presentation as to archives being sealed is somewhat disingenuous and totally inaccurate. My understanding is that the action the State took - well I know, because it was dealt with by means of legislation introduced by the previous Government - was to protect those archives. If we had not introduced that legislation, they would not be extant now. They would have been destroyed by the commission. We need honesty in this debate, and we need to stop name-calling everyone and saying people are doing this and sealing that. We are not. The actions of the previous Government in respect of this issue were comprehensive. For the first time, we overcame certain constitutional issues in order to ensure that everyone who was adopted had access to their full birth records. That was always the most consistent demand made by people. That is what happened then.
During the term of office of the previous Government, there was a huge campaign to try to block the legislation. If that legislation had not been passed by he Houses, the archives would have been destroyed. It was a dishonest and outrageous campaign that was organised by people who should have known better. Thanks be to God the then Minister, Deputy O'Gorman, brought the legislation through because it has protected the archives. As the Deputy will be aware, we will have a national archive centre for all material relating to all industrial schools, mother and baby homes and other institutions, for its preservation, conservation and, ultimately, to allow people who wish to do so to access it.
In respect of Bessborough, it must be stated that An Coimisiún Pleanála is independent. I hope the Deputy accepts that. It is independent of the Government and the Oireachtas. People may describe its actions as disgusting and so on, but it is independent in its planning functions.
If we ever reached a day when politicians felt they could intervene in various issues on an ongoing basis, that would become problematic for society over time.
In respect of the Bessborough site and the decision, there is no evidence yet that there were any burials on the specific site on which an application has been made to build housing. The Bessborough site was originally 200 acres. It is now 60 acres. An element of the land was bought. I am on record as saying that I would have preferred for the State to have bought that land back in 2018 or 2019 via the local authority. That did not happen. It is my understanding that it was bought in different lots. There have been State buildings, buildings that provide services to the State, on the Bessborough site for quite a long time. There has been lots of activity on that site for a long time, since long before the commission of inquiry.
The commission of inquiry examined the Bessborough site extensively. This included cartographic and archival research, site surveys and public appeals for information. I apologise. I do not have time to go through this. I will come back in on it.
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I take it from the Taoiseach's reply and his talk about respecting An Bord Pleanála's decision that the answer is that the Government will not be issuing a CPO for the land. The Taoiseach may correct me if I am wrong because I hope the Government is going to make moves to compulsorily purchase the land. However, I believe this will go down as the most callous decision by this Government. A commission of investigation said that it is highly likely that children whose deaths went uninvestigated are buried in these grounds but the Taoiseach is saying to go ahead and build apartments on the site. He underestimates the strength of feeling on this issue. Crucially, he underestimates the strength of survivors. This is fundamentally wrong. Not only do the survivors know it but the general public do as well. I do not believe this build will go ahead. I know people will chain themselves to the gates before diggers can roll in there to build and to concrete over land where potentially hundreds of children are buried.
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Will the Taoiseach clarify whether the Government is going to compulsorily purchase the land? He can call it what he wants. The Taoiseach says the records are not sealed but the archives are closed. Even An Bord Pleanála could not access them. Will the Taoiseach open them?
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The Deputy has now said that a decision of An Bord Pleanála is the most callous decision of this Government.
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I said that the Government's decision not to compulsorily purchase-----
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With respect, you are misrepresenting what I said.
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I did not interrupt the Deputy. She does not have a monopoly on empathy or anger on this issue.
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No one cares about what you think about a monopoly on caring.
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This is about people who are buried in the ground.
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Save us the spiel about how much you care.
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Are you going to shout me down all of the time? Do you not believe in freedom of expression for everyone in the House?
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It is wrong for the Deputy to misrepresent me and to misrepresent the Government's position on this. We were not involved in An Bord Pleanála's decision.
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By the way, while I have not had the opportunity to go through this, the Deputy knows that because of the planning protections in the laws we have passed, if any human remains are found there, work has to stop immediately. There has to be a forensic archaeological strategy involved. That is mandatory. A forensic archaeologist must be present throughout the entirety of the excavation works. All works must cease immediately if human remains are discovered.