Statement by the Minister for Children and Youth Affairs to the Dáil on the Commission of Investigation into Mother and Baby Homes

Thursday 17 ^th July 2014

I welcome today’s opportunity for statements on mother and baby homes. In line with the motion passed on the 11 ^th June, I wish to update the House on the significant progress which has been achieved in just five weeks in relation to the establishment of a Commission of Investigation into these issues of public concern.

It is just a matter of days since my appointment as Minister for Children and Youth Affairs so in making this statement I am very much drawing on the work commenced by my colleague Minister Flanagan. At the outset I want to acknowledge the constructive contributions and cooperation of colleagues on all sides of the House in assisting  deliberations on this sensitive issue.

I would like to continue the process of engagement and dialogue with a view to achieving the widest possible consensus in the establishment of this Commission of Investigation. I am confident that this inclusive approach in the essential scoping phase will assist in establishing an inquiry which is capable of effectively addressing these important matters in a sensitive and timely manner.

Following the tragic revelations surrounding the Tuam mother and baby home, which I know greatly disturbed Members on all sides of the House and the wider public, Government committed to establishing a Commission of Investigation to comprehensively investigate these institutions and the experiences of mothers and children in their care.  In the weeks since these revelations we have witnessed further public debate and commentary on the involvement of church and state in the role played by Mother and Baby Homes. Questions have also been posed on the role of families and wider communities – for we must recognise, and accept, that these institutions did not exist or operate in isolation.

As an initial step an Inter-Departmental Group was established to gather relevant information so as to inform Government decisions on the scope, format and terms of reference of a Commission of Investigation. The Group comprises senior officials from eight Government Departments, the Office of the Attorney General and relevant Agencies. The work and approach of the Inter-Departmental Group was adapted to take cognisance of the motion adopted by Dáil Eireann.

Report of the Inter-Departmental Group

I would like to take some time to speak about the Report of the Inter Departmental Group which demonstrates the complexity of issues which we must consider before deciding upon the Terms of Reference of the Commission. The Report of the Inter-Departmental Group on Mother and Baby Homes was laid before the Houses and published yesterday. I would like to record my appreciation for the considerable work of officials in delivering this detailed report within the tight time timeline specified by the Oireachtas.  My predecessor, Minister Flanagan, received the interim report of the Committee in line with the due date of 30 ^th June and its contents, including some updated factual information, were further considered by Cabinet on Tuesday. In publishing the Report I hope to assist the wider public in understanding the complexity of the issues involved and the challenge in finalising precise terms of reference.

As the Report indicates, the Group concentrated on some of the more salient records which were accessible to map important dimensions of the issues in the short time available. Information provided mostly draws upon secondary sources, particularly a number of very relevant and relatively recently published social histories, but with some consultation of primary records contained in Department of Health files and the General Register’s Office. I wish to acknowledge the valuable role currently being played by historians in making their research known to the public. This is of great assistance in achieving an objective assessment but this must now be added to by the formal process of an inquiry.  

Overall Context

In its examination of the treatment of single mothers and their children, the group notes that Mother and Baby Homes have their origins as far back as the 1920’s and were a manifestation of attitudes to and treatment of unmarried mothers and their children.  However, it is clear that their role and purpose has been the subject of public debate and concern over the intervening period.  

Those confined to institutions represented only a small proportion of women and girls who became pregnant outside of marriage. The Group considers that the institutional features to such treatment cannot arguably be properly investigated without a wider examination of the social history of the period. Figures published by academics show that some 89,247 “illegitimate” births – as they were described then, were recorded between 1922 and 1973, although the figures recorded were distorted by an under-registration”. The rate of “illegitimate” births as a percentage of total births ranged between 1.6% and 3.9% over the period.  

The children of unmarried mothers appear to have fared poorly, even in comparison with the relatively poor general standards of child welfare applying at the time.  It has been calculated that the infant mortality rate per 1,000 illegitimate births was at least 3.8 times that of other births.  This issue of mortality rates has received considerable attention in public debate and the Group reports that the mortality rate for illegitimate births was highest at 344 per 1,000 births in 1923 but it exceeded 200 per 1,000 births in 23 of the 28 years for which data is provided.  

The report also highlights the extent of societal changes, medical advances and legislative reform since the establishment of the State.  Attitudes changed over the years and in response, so too, in time, did the institutions.  The introduction in the Social Welfare Act 1973 of the Unmarried Mothers Allowance and the Unfair Dismissals Act 1977 served to provide some protection for the unmarried mother. The valuable contribution of voluntary and advocacy groups to these changes is noted by the Inter-Departmental Group. The practice of delivery onsite in Mother and Baby homes fell away over the period with births increasingly taking place in maternity hospitals. The Group notes that the remaining Mother and Baby Homes either closed or evolved into different roles.

Need for Historical Survey

The Group expresses the view that the particular social and historical issues which the Commission of Investigation will be asked to explore, are likely to distinguish the nature of its investigations from those of many other Commissions. Accordingly, the report concludes that a comprehensive historical survey of the treatment of unmarried mothers and their children in Ireland would be of considerable relevance to public understanding.   The report suggests the foundation of the State, 1922, as the appropriate starting point for this survey and suggests  a potential end point as 1987 – when the Status of Children Act 1987 abolished the concept of “illegitimacy” and sought to equalise the rights of children including those born outside marriage.

This research module could potentially examine a wide range of institutions including mother and baby homes, county homes, private nursing homes, homes for infants or children and Magdalen laundries.  Patterns relating to the admission of unmarried mothers into these institutions and the pathways experienced by unmarried mothers and children on leaving such institutions could be assessed to determine the relative significance of these different types of institution and the relationship between them. Research on the management and operation of these institutions, including religious and state involvement, and information on the conditions within these institutions and the welfare of those accommodated could add significantly to current knowledge.  

Detailed Investigations

An early priority for the Group was to compile relevant information in relation to the Mother and Baby Home run by the Bon Secours from 1925-1961. Deputies will recall that reports of the presence of infant remains buried on the grounds of this former Mother and Baby Home were the initial focus of public concern. The General Register’s Office has identified the deaths of 796 children who died at the Tuam home during the 36 years averaging 22.2 deaths per year but ranging from one in 1958 to 53 in 1947.  The Report includes details of the wide ranging reported causes of death and identifies the need for specialist analysis to examine these rates in more detail.  

In addition the report signals the need for detailed investigation into the practices and particular concerns which have arisen in relation to specific Mother and Baby Homes. On the basis of its analysis of accessible records and publications, the group offers a basis for the inclusion in this module of the Commission’s work of nine (9) specific institutions in which 24,700 births were recorded.  The number of children in these institutions would have been considerably higher as many births took place in local maternity units or elsewhere.

These are:
Ard Mhuire, Dunboyne, Co. Meath;
Bessboro, Cork;
Manor House, Castlepollard, Co Westmeath;
Sean Ross Abbey, Roscrea, Co Tipperary;
Bethany Home, originally of Blackhall Place prior to moving to Orwell Road, Rathgar, Dublin;
Pelletstown/St Patrick’s, Navan Road, Dublin;
Tuam, Co. Galway;
Kilrush, Co. Clare, and
St.Gerard’s, 39 Mountjoy Square, Dublin.

Other Institutions
In its work to identify other potentially relevant institutions the Group reviewed the range of institutions which were registered under the Maternity Homes Act, 1934. The scale of this task was demonstrated by the fact that more than 200 locations were identified in a snap shot of files examined by the Department of Health from the records relating to 1949. The Group assesses the overall difficulty as being the challenge to identify those institutions which may have played a significant role in relation to unmarried mothers in a manner consistent with the areas to be addressed by the Commission.

It is the view of the Group that considerable historical research is likely to be needed to establish the role played by particular institutions. This would assist in determining the extent to which a practical methodology could be utilised, based upon the availability of records, to contribute to the overall work of the Commission in a timely and effective manner.

Related Concerns
The Group considered the available information relating to vaccine trials and notes that at least some were undertaken on children in Mother and Baby Homes. A review by the Chief Medical Officer (published in 2000) provides an overview of the known information related to 3 trials in 60’s and 70’s. In addition, Mother and Baby Homes were among the institutions from which the remains of 474 infants were transferred to medical schools for anatomical examinations under the Anatomy Act 1832, although this was a wider practice at the time and was not limited to Mother and Baby Homes.

Adoption
This issue of adoption has been raised at many of the consultative meetings which took place between Minister Flanagan and Advocacy groups in recent weeks, and has featured in many of the individual submissions received.
Over 40,000 adoptions were approved by the Adoption Authority subsequent to the Adoption Act 1952.  In the absence of adoption legislation the placement of children with others before 1952 was much more informal with boarding out, fostering and de facto adoptions directly or through intermediaries.  Natural mothers have strongly disputed the voluntary nature of the consent given to these arrangements in particular cases, even after 1952.

While the Commission should certainly look at adoption issues a Commission of Investigation is not a suitable or effective vehicle for addressing the interest of individuals in securing access to their own records.  An accelerated legislative and operational programme of reform to tackle this very important issue to the greatest degree possible is the most appropriate means to progress matters.

My Department has been working to finalise a General Scheme and Heads of an Adoption (Information and Tracing) Bill. This is a complex undertaking with important legal issues, including Constitutional considerations, to be addressed. While the major issues arising from the Mother and Baby Homes’ controversy are placing additional demands on the Department’s limited resources in this area, it is my wish that this General Scheme can be referred to the Oireachtas Health and Children Committee in the Autumn and prioritised within the Government’s legislative programme.

The Child and Family Agency provides an Information and Tracing Service throughout the country to birth mothers, adopted persons and their families. Work by the Agency on the organising and storage of records, including some 25,000 records from the Sacred Heart Congregation, has taken place and the Agency has sought the advice of the National Archives to preserve the integrity of these records.  

The National Adoption Contact Preference Register was set up in 2005 to facilitate contact between adopted persons and their natural families. Participation is voluntary and contact through the register will only be initiated where both parties register. The Register is maintained by the Adoption Authority of Ireland and it is intended to put the Register on a statutory basis.  I am advised that applications to the Register have doubled since the announcement that a Commission of Investigation will be established.

Chairperson of the Commission
Yesterday I announced that Judge Yvonne Murphy has agreed to Chair the Commission. I am delighted that a widely respected person of the calibre of Judge 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.

Process to finalise Terms of Reference and methodology
Considerable momentum has been achieved in the work to establish the Commission and I want to maintain this over the coming weeks.  The Group’s Report acknowledges the need to learn from the experience and lessons of previous statutory inquiries. 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.  

The Group recommends that the Commission should not encroach on the terms of reference or duplicate the work of previous investigations, in particular the Commission to Inquire into Child Abuse. It is my view that establishing the investigation in a manner which allows it to build on what is known should be a core objective of this investigation. I am confident this work will be completed on a timely basis but with due care and attention.

The report acknowledges the absolute need to develop an opportunity for those who were mothers or children in these Mother and Baby Homes to input their experiences.  This is recognised as requiring considerable and careful management taking account of learning from similar processes.  The Report also notes the need for the confidentiality of sensitive personal information to be protected through appropriate protocols. In seeking to establish the truth, we must be very respectful of those who were in Mother and Baby Homes, and their families, many of whom will want to tell their stories, others of whom may want to maintain their right to privacy.

Given the breadth and complexity of the issues involved – as evidenced from the Inter-Departmental Group’s Report and the range of submissions and meetings – it is now apparent that some additional time is required for review of submissions and drafting to finalise workable terms of reference for this investigation. This is a complex task which must be completed to the highest standards. To do otherwise would not be in the best interests of those most concerned or serve the wider public interest.  

I wish to again acknowledge the constructive contribution of opposition spokespersons and Deputies on both sides of the House with whom I have met.  Seeking the widest consensus possible in developing the terms of reference will assist in establishing an inquiry which is capable of effectively addressing these important matters in a sensitive and timely manner.

I also welcome the indications of cooperation and assistance which have been forthcoming from Church leaders – from the Catholic Church, Archbishop Martin of the Dublin Archdiocese, Archbishop Neary of Tuam and Bishop Buckley of Cork and Ross, and, from the Church of Ireland, Archbishop Michael Jackson of Dublin and Glendalough.

Minister Flanagan has already met with representatives of a number of key advocacy groups and Church leaders, including the Adoption Rights Alliance, First Mothers Group, Bethany Homes Survivors Group, Cúnamh, Adoption Loss, Coalition of Mother and Baby Home Survivors and Archbishop Diarmuid Martin. I also hope to meet with Archbishop Jackson and I intend to maintain communication with these groups as matter progress.

I can assure the House that all views expressed during these constructive discussions, together with now over 120 submissions received through my Department’s dedicated e-mail facility, are assisting to inform the current deliberative process.

I am very cognisant of the conclusion by the Inter-Departmental Group that: “Past experience indicates that the finalisation of a draft order providing for the establishment of a Commission of Investigation must be handled very carefully and precisely in order to ensure the Commission is established on the most sound footing possible.” The Group also suggests that precise terms of reference will likely need to specify the institutions and issues to be investigated, and provide for different methodologies and approaches to uncover the truth.  

I wish to assure the House this Government is committed to establishing an effective Commission which can deliver on public expectations in a realistic manner. My Department has already discussed and corresponded on preliminary draft terms of reference with the Attorney General and her officials.  It is clear  that precise terms of reference are ultimately a critical factor in determining an investigation’s ambit, length, complexity, cost and ultimately, its success.

I intend to continue engagement with my Government colleagues over the coming weeks with a view to finalising our deliberations on the terms of reference in early course. I then hope to be in a position to bring a Memorandum to Government setting out the proposed Terms of Reference together with a statement of the estimated cost. I expect to return to both Houses with a draft order to establish the Commission early in the Autumn. I will liaise with Opposition spokespersons during the course of this process.

The Commission which this Government will establish will be the means by which we will achieve the goal – so widely shared – to bring a true and clear picture of this part of our history into full public view.  There are challenges inherent in this task but we must organise an effective investigation process and face up to our past where our children were not cherished equally, and most importantly, learn from it.