I’ve seen concern expressed here about the legislation proposed on the Mother and Baby Homes Commission database bill. Given Ireland’s history, I can completely understand the concern around this. I’d like to take a moment to clarify what we’re doing, and why we’re doing it.
Simply put, the bill being brought forward is needed to preserve access to invaluable information now and into the future, and not to put it beyond reach as has been reported
The MBH Commission was set up under the 2004 Commissions of Investigation Act. The Commission is due to report at the end of this month. I am informed that the report will be an extremely detailed examination of the Commission, including a social history and witness testimony.
The entire premise of the 2004 Act, which we are bound to follow, is that investigations are held in private. That confidentiality applies to the evidence and records gathered by the inquiry. It is central to allow testimony be given freely.
Earlier this year, the MBHC informed us that it had created a database tracking who was in the main Mother & Baby Homes, but did not feel it had a legal basis to transfer that database and would be compelled by law to redact the valuable information we are trying to now preserve.
This bill being brought forward provides for this, and allows the database to be transferred to Tusla (with whom most of the original records are already held). It prevents the information from effectively being destroyed, and will allow access to that info under existing laws.
Regarding the wider records, the 2004 Act means that the Department does not have access to the records & any disclosure is prohibited by law.
The 2004 Act also requires that such records are sealed for a period of 30 years pending their transfer to the National Archives. This provision was already in place ahead of the establishment of the Commission.
The draft bill is focused on protecting a valuable resource which will assist in accessing personal information under existing law and be hugely beneficial in any future information and tracing legislation.
I'm absolutely committed to addressing the wider matter of providing a new architecture surrounding access to birth information and tracing; this will be advanced soon. I look forward to engaging widely to allow all those with a stake in this process to have their voice heard.
To be clear, the final report will reproduce the anonymised testimony of each individual who appeared before it. People will be able to access and recognise their own story told in their own words.
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