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The publication of the maternal and child homes report will increase pressure on the government to issue an apology from the state and move forward with a financial compensation plan for the victims, the Cabinet has been told.
During the course of a lengthy Cabinet briefing on Wednesday, ministers were told the post will lead to calls from former residents and activists to apologize to the state, financial compensation and considerable support for the victims.
The 4,000-page report from the Commission on Homes for Mothers and Babies, headed by former Circuit Court Judge Yvonne Murphy, will be sent to the government on Friday, although its publication could take months.
However, the consequences of the publication will have widespread repercussions for departments that have historically been at fault for failing to properly regulate housing, ministers were told.
People who were detained in industrial schools and reformatories have received compensation from the state through reparation boards, while people detained in the Magdalene laundries were compensated separately.
However, the women who were held in maternal and child homes, most of whom are now dead, and their children have not been compensated or have received an apology from the State.
The government is keen to publish the commission’s report quickly, although it wishes to simultaneously publish a series of “milestones” that will address the concerns and demands of activists.
After 10 days of recriminations about the legislation governing the handling of the records created by the commission, it is now clearly understood that mishandling the report could have serious implications.
Ministers were also told that a referendum or new legislation will be needed to address confidentiality and privacy issues where birth parents do not want their data disclosed.
Publication
During the course of the Cabinet briefing, Ministers were also told that concerns about potential biased criminal prosecutions should be taken into account in deciding when to publish the report.
The 2004 Law, under which the commission was established, requires the Minister to ask the courts for instructions on the publication of the report if it could undermine the proceedings.
Several people have already filed complaints against the Garda. You will also need to engage with the Attorney General, the Gardaí, and the Director of the Public Ministry on this point.
The government’s position on the controversial legislation passed last week was also discussed, and the Minister for Children, Roderic O’Gorman, reiterated his belief that it was necessary to preserve the commission’s records and to give the opportunity to remain anonymous. if they want it. There was further discussion on the issue of access to the commission’s records, which Mr. O’Gorman has committed to facilitating in accordance with people’s rights under GDPR.
The minister told The Irish Times on Wednesday that these rights under data protection regulations will need to be balanced with how they impact the rights and freedoms of others, and whether restricting access to information is necessary or proportionate to safeguard. the operation of the commissions. investigation and future cooperation of witnesses.
Tracking
At the meeting, the ministers also discussed different options for legislation on information and tracing. Data protection laws have made it difficult to disclose personal information about birth paternity, especially if the parents have passed away or did not consent to their data being shared with the adopted person.
In these circumstances, successive governments have struggled to balance the rights of parents to privacy and the rights of adopted children to information about their identity. Former Minister for Children, Katherine Zappone, tried to address these issues with the Adoption (Information and Tracking) Bill, which proposed that the adopted person sign a pledge not to contact their biological parents. However, this bill stalled and expired when the last Dáil was dissolved.
Among the options the government is considering is creating “voluntary participation” legislation. This would require parents who do not want their information disclosed in the future to indicate so, and if the information is subsequently requested, the competent authority in question would make a decision.
Alternatively, the issue could be put to a constitutional referendum or referred to the citizens’ assembly, ministers were told.
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