Minister Reilly Announces Important Steps in Establishing an Effective Investigation into the Mother and Baby Home Controversy

The Minister for Children and Youth Affairs, Dr James Reilly T.D., today

announced that Judge Yvonne Murphy has agreed to Chair the Commission of

Investigation into matters related to mother and baby homes.   Minister

Reilly said:

“I am delighted that a widely respected person of the calibre of Judge

Yvonne Murphy has agreed to head up this investigation.  Judge Murphy has a

very strong track record in effectively establishing the truth in relation

to important and sensitive matters.  She is ideally suited to this

challenging role.  The Government may give consideration to the appointment

of further members to the Commission but I believe Judge Murphy’s agreement

to undertake the role of Chair of the Commission is a very positive

development in the process to establish an effective and independent

investigation.”

The Minister also today published the report of the Inter-Departmental

Group on Mother and Baby Homes.  The Report is the product of the work of

the Inter-Departmental Group, established in early June, to assist the

Government in scoping the necessary examination of this important issue.

The Minister said:

“I have updated my Government colleagues on the work of the

Inter-Departmental Group.  Government has had the benefit of the Group’s

detailed Report which provides very useful information on a range of

relevant issues.  I think it is correct that we place the Report into the

public domain in order to provide wide access to the important factual

information which the Group has been in a position to compile in the

relatively short time available.”

“The Government is committed to the early establishment of an effective

Commission of Investigation into matters related to the mother and baby

home controversy.  The Report is an important input into the Government’s

deliberations on the scope of the Commission of Investigation.  My

Department has also received submissions on the terms of reference for the

Commission from over 120 groups and individuals.  A number of meetings have

been held with groups.  Collectively these inputs and consultations will

assist the Government in finalising proposals for the Commission’s

establishment.  I will update Dáil Éireann tomorrow (17th July).  My

predecessor and I have engaged with party spokespersons and I intend to

continue this process in order to achieve as much consensus as possible.”

“On the return of the Dáil after the Summer recess I intend tabling a draft

order to establish the Commission under the Commission of Investigation

Act, 2004 together with a statement providing an estimate of the costs to

be incurred by the Commission in conducting the investigation and a time

frame for its work.  This is a complex task and it is very important it is

completed to the highest standard.  As highlighted in the Report of the

Inter-Departmental Group, past experience indicates that the establishment

of a Commission of Investigation must be handled very carefully and

precisely in order to ensure the Commission is set up on the most sound

footing possible.”

The Government has also given further consideration to the improvement of

current arrangements in relation to adoption information and tracing

services. The development of legislative proposals will be prioritised by

the Department of Children and Youth Affairs with the intention of

referring a draft General Scheme and Heads of an Adoption (Information and

Tracing) Bill to the Oireachtas Health and Children Committee in the

Autumn.  In addition current service provision will be reviewed with a view

to enhancing the timeliness of support and information available to those

wishing to access personal records.  The Minister said:

“In parallel with the establishment of the Commission of Investigation, the

Government intends to review and reform arrangements for individuals

wishing to access adoption information.  I know this is a pressing concern

for many individuals.  Improvement in this area need not and should not

await the outcome of the Commission of Investigation.”

Overall the Minister said:

“Considerable momentum has been achieved in the work to establish the

Commission and I want to thank all of those who have contributed their

views.  The remaining, very important task is to accurately capture in the

terms of reference the precise issues and methods of investigation,

together with estimated costs and time frame. Today’s announcements show

that the task of establishing the Commission is well advanced.  I am

confident it will be completed on a timely basis but with due care and

attention.”

Notes to Editors

Inter-Departmental Group

The Inter-Departmental Group held its first meeting on 5th June last and

had membership from the following Departments/Offices:

Department of Children and Youth Affairs (Chair)

Department of the Taoiseach

Department of Social Protection

Office of the Attorney General

Department of Health

Department of Education and Skills

Department of Justice and Equality

Department of Foreign Affairs and Trade

Department of the Environment, Community and Local Government

General Register Office

The National Archives

The Government has directed that the Inter-Departmental Group stay in place

to oversee the process across Departments and Offices to compile

Departmental records potentially relevant to the matters to be investigated

by Commission of Investigation.

Commission of Investigation Act, 2004

Government has determined that this investigation will be established under

the Commission of Investigation Act, 2004.  This Act provides in Section 9

that the Commission shall be independent in the performance of its

functions and in Section 16 that it will have powers, if necessary, to

compel witnesses and documents.  In relation to the work underway to

finalise the Commission’s terms of reference Section 5 of the Commission of

Investigation Act, 2004 requires that:

(1) A commission’s terms of reference shall, as appropriate and to

the extent possible, specify the events, activities, circumstances,

systems, practices or procedures to be investigated, including—

(a) the dates on which or the periods during which the events

occurred, the activities were undertaken, the circumstances arose or

the systems, practices or procedures were in operation,

(b) the location or area within the State where the events occurred,

the activities were undertaken, the circumstances arose or the

systems, practices or procedures were in operation, and

(c) the persons to whom or which those events, activities or

circumstances relate or whose activities, systems, practices or

procedures are to be investigated,

with a view to ensuring that the scope of the investigation into any

matter referred to the commission is described precisely.

(2) The specified Minister shall ensure—

(a) that an accompanying statement is prepared containing—

(i) an estimate of the costs (including legal costs) to be

incurred by the commission in conducting the investigation and

preparing its reports, and

(ii) a time frame for the submission of the commission’s final

report to the specified Minister, and

(b) that, as soon as possible after the terms of reference are set,

they are published with the statement in Iris Oifigiúil and in such

newspapers or other publications as the Minister considers

appropriate.