·Minister for Children, Equality, Disability, Integration and Youth publishes General Scheme of Preservation and Transfer of Specified Records of the Commission of Investigation
·Database can support a future information and tracing service for individuals who were resident in mother and baby institutions.
The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman TD, has today published the General Scheme of the Preservation and Transfer of Specified Records of the Commission of Investigation (Mother and Baby Homes and certain related Matters) Bill.
The General Scheme is available on the Department’s website. Here:
The legislation provides a legal basis for transfer of records from the Commission of Investigation into Mother and Baby Homes to the Child and Family Agency (Tusla).
Earlier this year, the Commission informed the Department that it had compiled a database of the mothers and children who were resident in the main mother and baby homes. It noted that this database could be of considerable assistance to those providing information and tracing services. The proposed legislation is being advanced to address concerns raised by the Commission about the need for it to redact personal information, and the impact which such redactions would have in terms of effectively destroying this database.
Given that the source information primarily existed in hard copy ledgers and similar format original documents, the database makes this information markedly more searchable, reduces the risk of wear and tear on the primary source material, and safeguards against loss of the information in the event of destruction of the primary source material.
Commenting on the publication of the legislation, Minister O’Gorman said:
I am pleased that Government has approved the drafting of this urgent Bill along the lines of the General Scheme, as it will create the legal basis for safeguarding the Commission’s records, and the transfer of the database which the Commission compiled during the course of its investigation.
Having examined this matter, the Minister believes
that it is essential that bespoke legislation is advanced in order to provide urgently for the safeguarding of the records and transfer of the database to Tusla, as the Commission is due to stand dissolved following the submission of its final report by the 30 October.
The Minister is aware that access to records remains a recurring and priority concern for those directly involved with mother and baby institutions. Unrestricted use or open public access is not being proposed in this legislation, and it is not proposed that this would extend to providing a basis for any new entitlement for access to these records.
Minister O’Gorman commented further:
The aim of this legislation is to ensure we do not lose the opportunity presented for future use of the valuable database developed by the Commission.”
In announcing this urgent interim measure, I am also emphasising my absolute commitment to advancing separate legislation which will aim to provide a solid statutory basis for enhanced information and tracing services.
The Regulatory Impact Assessment and Heads of Bill are available to view on the Department’s website.