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Mother and Baby Home survivors can seek access to personal records, Government says

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Following the controversial sealing of information regarding Mother and Baby homes recently, the Government have issued a statement to reassure the public that survivors of these homes can still seek access to personal records.

The news follows after it was announced that the Commission of Investigation into Mother and Babies Homes is set to hand over its 4,000 page-long final report to the Government tomorrow.

The Government opened its statement by saying that it 'acknowledges and regrets the genuine hurt felt by many people across Irish society' in its statement.

The statement continued: 'It [The Government] is determined to take the necessary actions to ensure that these concerns are dealt with in a manner that is timely, appropriate and that is focused on the needs of victims and survivors.'
'The Minister for Children, Equality, Disability, Integration & Youth Affairs will ensure that, throughout all of this, engagement and consultation with former residents, their families and advocates will be central to the formulation and delivery of a comprehensive State response.'

The Cabinet today agreed the following next steps:

  • The Final Report of the Mother and Baby Homes Commission of Investigation, which is due for completion on Friday October 30th, will be published as soon as possible after it is received by the Minister.
  • As required by law, upon receipt the Final Report will be immediately referred to the AG for legal advice as to whether it might prejudice any criminal proceedings that are pending or in progress
  • To expedite publication, the AG will ensure that additional resources are in place to speedily review for publication what is expected to be a very lengthy Report.
  • All relevant Government Departments and Agencies will develop a comprehensive State response to the findings and recommendations of the Final Report for urgent consideration by the Government.
  • The Department of Children, Equality, Disability, Integration & Youth Affairs, along with Tusla, will continue to engage closely with the Office of the Data Protection Commissioner to ensure that the rights of all citizens to access personal information about themselves, under data protection legislation and the GDPR are fully respected and implemented; additional resources will be provided where necessary.
  • The HSE will expedite implementation of the provision of health and well-being support to survivors.
  • The Government will advance its work on the Information and Tracing legislation, with a view to publication next year.

The statement also added that the Government will urgently proceed with the legislation to provide for sensitive and appropriate actions at the burial site at the former Mother and Baby Home at Tuam, Co Galway, and at any other sites where this is appropriate.

The Tuam controversy first came to light back in 2012 when historian Catherine Corless published an article about the history of the home, and also when the HSE expressed concerns that up to 1,000 children had been illegally sent from the Home, for the purpose of illegal adoptions in the United States.

However, it arguably shot to prominence in 2017, after it was discovered that nearly 800 deceased babies were discarded in a septic tank at the Bon Secours Mother and Baby Home, which was run by the Catholic Church.

In 2014, a woman named Anna Corrigan uncovered the inspection reports of the home and revealed that the most commonly recorded causes of death among the infants were congenital debilities, malnutrition and infectious diseases.

The Cabinet's statement continued: 'The Government will work with the Oireachtas Committee on Children to seek an all-party consensus in the Oireachtas on these very sensitive issues.'

'The Government will work to establish on a formal, national basis an archive of records related to institutional trauma during the 20th century; this will include archiving relevant records and witness testimony by victims and survivors; it will be developed at a suitable site and operated in accordance with the highest international standards.'

'It will be designed in cooperation with professional archivists and historians, as well as with victims, survivors and their advocates.'
Finally, the Government reaffirmed the reasons for bringing forward the recent legislation is to preserve and protect valuable records that would otherwise have been destroyed or rendered useless.

They explained: 'The legislation had to be passed before the deadline of October 30th in order to protect and preserve these vital records of a dark chapter in our history.'

The sealing of the information of Mother and Baby Homes notably prompted Green Party Councillor Lorna Bogue to resign.

The Minister for Children, Roderic O'Gorman has since issued a public apology while speaking on RTÉ Radio's Morning Ireland, for what he referred to as his own 'failure to communicate with the Government.'

Elsewhere, representative groups of former residents of mother-and-baby homes have said that they welcomed last night's announcement by the Government regarding access to the sealed information.

It should be noted that although President Michael D Higgins signed the Mother and Baby Homes Bill into law, his decision could be challenged by members of the public.

Dr. Conor O' Mahony, a law lecturer at University College Cork, explained: 'What was unusual was that the President issued a statement noting the concerns expressed during the passage of the Bill, and highlighting the fact that it remains open to citizens to challenge it.'

He added: 'I am not aware of a similar statement in the past, although I am open to correction.'

If you are affected by the subjects raised in this article you can ring The Samaritans on 116 123 or click here for more information - help is always at hand and there is always someone available to listen.