TDs ask how testimony ‘miraculously appeared on the back of the sofa’, but the Commission’s mandate will not be extended



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Screenshot 2021-02-24 at 11.38.17

Minister Roderic O’Gorman listens to the debate today

Source: Oireachtas.ie

THE GOVERNMENT is not going to extend the mandate of the Commission for the Investigation of Maternal and Child Homes, despite increasing pressure from opposition DTs.

The motion of the Social Democrats to extend the commission’s mandate by one year was widely supported, but it is not binding and the government is not acting on it.

The government did not present a counter-emotion as expected.

During the debate, Children’s Minister Roderic O’Gorman said an extension to the Commission “would serve no practical purpose” now that the audio recordings of survivors’ testimony have been recovered.

Speaking after the debate, Holly Cairns, who co-sponsored the motion with Jennifer Whitmore, said: “Earlier today, the administration promised not to block the motion of the Social Democrats to extend the Commission of Inquiry.

“However, when my colleague Gary Gannon challenged them to give effect to this by allocating time at the Dáil, they rejected that proposal. This shows that the government is trying to look both ways on the issue. “

Cairns said the government did not file a counter-emotion “to prevent a rebellion by the government TDs and to give the appearance of wanting to do the right thing.

“It is a shameful attempt to fool the Dáil,” Cairns added.

Speaking at the Dáil today, Whitmore, the SocDem children’s spokesman, said the confirmation “last night at 11 o’clock” that audio testimony from witnesses could be retrieved raises more questions than answers.

Whitmore said the Commission’s mandate has been extended several times “for the benefit of the Commission and the government, and this time we ask that it be done for the benefit of the survivors.”

He said the backup tapes “miraculously appeared on the back of the sofa” after survivors and the public lobbied the government and the Commission.

Whitmore accused the government of “playing political games” and asked it to extend the mandate of the Commission so that the questions can be answered.

During the debate, Cairns said that in recent days O’Gorman “went from saying, ‘I won’t extend the Commission because I don’t think it’s legally possible’ … to changing course and saying ‘I don’t want to extend the commission because they were requests. access to data of useless subjects’ – that too was discredited. Then when they cornered you, miraculously, the tapes were discovered. “

In response, Minister O’Gorman said he appreciated the opportunity to address the Dáil on the latest developments. He said the government would not file a counter-motion, as expected.

“I strongly believe that we must focus on real solutions and act quickly to resolve difficulties in the best way that serves survivors …

“The government has not presented a counter-emotion today in the spirit of working together to provide solutions to survivors.

“We are focusing our energies on practical actions, which can help those who are distressed by the disposal of audio recordings.”

O’Gorman told Dáil that the Commission has said that every witness on the confidential committee was given a guarantee of total anonymity, and it was for this reason that the tapes were removed, adding: “I recognize that some survivors dispute this point. ”.

He noted that the Commission has said that 549 of the 550 witnesses gave their consent to the use of an audio device and that “approximately 80 people who attended the confidentiality committee sought to have their personal information redacted.”

O’Gorman said that if witnesses “consider that your record is inaccurate or incomplete, they will be able to exercise their rights” and can contact his department, once you become a data controller after February 28, to “exercise your right rectification ”.

‘Weasel words’

Several TDs criticized the government’s approach to the situation, as well as the Commission’s final report and the removal of the audio recordings.

Freelance Catherine Connolly said “weasel words” came to mind when she heard O’Gorman’s speech.

He said most witnesses want their testimony heard, noting that people “have come forward to say ‘please publish our stories, please listen to us now.’

Connolly asked, now that the backup tapes have been found, who will listen to them, who will take notes and collate the testimony in the report.

Connolly lashed out at the “boys club” that has defended the Commission in the media in recent days, saying that unfortunately some women are now part of that club as well.

She said O’Gorman will have her full support if he seeks to deal with the issues raised by survivors.

RISE TD Paul Murphy said that “survivors deserve the truth, but what’s more, they deserve justice and reparation.”

“Those who have a particular responsibility, the religious orders that run (the institutions), must pay for what they did.”

Murphy said religious orders should not receive “a slap on the wrist and a pocket of public money,” but their assets should be confiscated “to fund adequate reparation for their victims.”

Solidarity: People Before Profits TD Bríd Smith said the Commission left “a lot of stones unturned,” adding: “On top of that, a ton of cement has been poured on the truth.”

Smith said the anonymous graves of children “scattered across the country” are crime scenes and should be treated as such. He added that there are “unknown numbers of dead babies buried” at Sean Ross Abbey and other locations.

TDs from Sinn Féin, Labor and several independents also spoke in favor of the motion.

Anne Rabbitte, Minister of State for the Department of Children, noted that some survivors want their testimony to be kept private.

The Fianna Fáil TD also said that some survivors do not support the extension of the Commission’s mandate. He said that he was not trying to pit the survivors against each other, but that all voices must be heard.

Rabbitte said the government is committed to a “survivor-centered” approach and to implementing the 22 action items announced in January, such as reparations, counseling, medical support, memorialization, and information and tracing legislation.

Audio removed

Last night it became known that the recordings could indeed be recovered.

In a statement, the Children’s Department confirmed that an information technology expert had verified whether the audio recordings can be retrieved by testing a random sample and verified that they are “accessible and audible.”

The commission agreed to deposit the audio recordings with the department.

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The department said it is continuing its preparations to become the data controller of the maternal and child home archive as of February 28 and is in contact with the Data Protection Commission in this regard.

“The recovery of audio recordings from backup tapes and their impending transfer to my Department now provides another avenue for individuals who appeared before the Committee to access their personal data,” O’Gorman said in a statement last night.

“The request of the approximately 80 people to have their identities drawn up will be respected and my Department will contact the Commission as the current data controller in this regard.

“If any of the people who appeared before the Committee considers that their record is inaccurate or incomplete, they will be able to exercise their GDPR rights with the Department once they become a data controller. This will involve making a request to exercise your right of rectification after the file is transferred to my Department ”.

Talking to TheJournal.ie Before today’s debate, Whitmore said survivors still want to ask questions about why the audio recordings were removed without their consent, among other issues.

Survivors have also raised concerns about how the final report did not accurately reflect their testimony. The Commission shall exist to provide survivors with the opportunity to address these discrepancies and offer them the right to rectification of information.

“It is welcome that, in fact, they have not removed these testimonies as they had said previously, but in reality it is just one element of the justice that survivors need.”

Whitmore said the removal of the audio is at odds with GDPR legislation, which states that processing of a person’s data cannot occur without their consent, and Section 43 of the Commissions of Inquiry Act of 2004.

The latter states that, prior to the dissolution of a commission, “all evidence received and all documents created by or for the commission” must be delivered to the corresponding minister. This includes “records of interviews conducted” by a commission.

“These are legal questions that people ask themselves. It is not necessarily a criticism of the commission, but people want to know what happened there. And they’ve gone to the Data Protection Commissioner (DPC) to ask about that, and the DPC will need time to investigate that, ”Whitmore said.

“I think we have to try to get away from the narrative of saying that this is an anti-commission thing, it is not. These are survivors who seek information about their own information, who wish to exercise their legal rights and also seek justice.

“That is what we must keep front and center, it is not about upsetting the commissioner, it should be about the survivors and not being forgotten,” Whitmore said.



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