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While the government has insisted that the bill provides access to survivors of maternal and child homes, this claim has been challenged by opposition TDs, survivors, and legal and academic experts.
The Dáil approved the bill by 78 votes to 67 on Thursday night.
The Commission on Homes for Mothers and Babies, which was established by the government five years ago, will publish the findings of an extensive investigation next week.
As part of its work, the Commission created a database of 60,000 records containing details of those who passed through the maternal and child homes.
Sinn Féin Spokesperson on Children @ Kathleensf1 has written to the Data Protection Commissioner following reports that the government has violated European and Irish laws on the accessibility of personal data, in relation to the Mother and Baby Homes Bill. pic.twitter.com/5Sro6grq3i
– Sinn Féin (@sinnfeinireland) October 24, 2020
The Commission of Inquiry (Homes for Mothers and Babies and Certain Related Matters) Records and other Matters Bill will be enacted by the President.
However, opposition TDs have urged the president to call a meeting of the Council of State, a mechanism used to refer legislation to the Supreme Court to determine if it violates the Constitution.
Petition
It comes when more than 140,000 people signed a petition calling for the unsealing of the mother and baby’s household documents.
The petition was created by adoptee identity rights group Aitheantas on Friday.
People Before Profit TD Brid Smith was among those who asked the president not to sign the bill.
“The government must reconsider the sealing of files,” he said.
“From the debate and subsequent information it is clear that the [Children’s] Minister [Roderick O’Gorman] and the government does not have a clear idea of what information is being sealed and what records might still be available to survivors in the future.
“This is deeply traumatic for families and survivors, and the government must change direction before compounding the trauma and pain of the victims after decades of state abuse and collusion with religious orders at the center of this scandal.”
Sinn Fein justice spokesman Martin Kenny said the government is likely to face legal action.
“The truth is, I should never be in this position. If any of the amendments presented by the opposition DTs were accepted by the minister [Mr O’Gorman] then we could have avoided this situation, ”he told RTÉ’s The Week in Politics program.
“We were faced with Hobson’s choice: either it would be sealed for 30 years or it would be destroyed, which is not true.
“This this crisis has been bubbling under the surface and nothing has been done about it and then at the last minute it rushed.
“It shows how out of touch they are. There is a lot of anger in many people. There is still time to go back and look at it again. “
Independent TD Michael Fitzmaurice described it as one of the “worst laws” passed by the Dáil.
“This is a dark time in Irish life and we must do well as public representatives,” he added.
“The opposition TDs were simply discarded. We need to do this right and treat people honestly and fairly.
“I would ask Michael D Higgins not to sign it.”
Tánaiste Leo Varadkar insisted that the legislation will not see the database sealed for 30 years.
Ireland
Thousands sign a petition calling for the seal to be …
“There has been a great outpouring of emotion and empathy and I think some genuine people have misunderstood the message about it,” he said.
“The database will not be sealed or kept for 30 years; is protected and for people who want access to your information, we will make sure they have access to that information.
“We are not going to allow a situation where secrets from the past are allowed to be hidden.”
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