SO WHY IS A GREEN MINISTER FACING MASSIVE STORM?
A Bill pushed through the Dáil drags in the Data commissioner and leads to apology
WHY WAS THE MOTHER AND BABY HOMES COMMISSION SET UP?
It was set up in 2015 after the discovery of a mass infants grave on the site of Bon Secours Mother and Baby Home in Tuam, Co. Galway, where 796 babies had died. It also l ooked i nto 13 other mother and baby homes.
WHY THE NEW BILL?
The commission amassed information from testimonies from survivors, and submissions from State departments and religious organisations, which were to be sealed for 30 years following the publication of the report on October 30. Under the Bill, a list of the women and children who were in the homes would be transferred to the chil d and f amily agency, Tusla. Children’s Minist er Roderic O’Gorman, of the Green Party, argued the new legislation would ‘ preserve access to invaluable information now and i n the future’.
WHO VOTED FOR IT?
The three Coalition parties, Fianna Fáil, Fine Gael and the Green Party, and two members of the Regional Independents group. Sixty amendments by Opposition parties and TDs were not considered by the Coalition.
WHY DID THE MINISTER APOLOGISE?
Minister O’Gorman, (pictured) has now apologised for what he said was ‘miscommunication’, adding that he would do better in ‘engaging with survivors’ groups’. But he also defending not making all records public, as he argued that doing so could lead to legal challenges.
THE DATA COMMISSION IS NOW INVOLVED – WHY?
The Data Protection Commission has now stated that the decision to seal some of the records goes against both European and Irish law. Under the General Data Protection Regulation (GDPR), people have a right to access t heir own personal records. Deputy commissioner Graham Doyle said the 2018 Data Protection Act overrode parts of the original 2004 Commissions of Investigation Act. He stated, however, that documents could still be sealed if they will affect the cooperation of witnesses in the future. The Social Democrats said Minister O’Gorman should publish the data commission’s advice, ‘including when the advice was sought and provided’.