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The Department of Children, Equality, Disability, Integration, and Youth has maintained ongoing communication with both the Data Protection Commission and the Office of the Attorney General regarding the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another matter, Bill. 

It is important to recognise that the issues raised by the Data Protection Commissioner relate to the Commission of Investigations Act 2004, not to the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records Bill. That latter bill, which passed all stages in the Seanad on Friday, is focused on the preservation of an invaluable database of women and children who were in the Mother and Baby Homes.

The legal advice received by the Department is that the GDPR right to access personal data (Article 15) is expressly prohibited by section 39 of the Commissions of Investigations Act 2004.

Minister O’Gorman has acknowledged throughout Oireachtas debates this week that there are differing legal opinions regarding this.

In recognition of this, the Minister committed to a re-examination of the current approach, focusing on how access is provided to the archives of this Commission for certain personal information that is validating for survivors.

As he outlined in the Dáil, he will undertake further detailed engagement on the matter with the Attorney General.

He also indicated that he is requesting the Joint Oireachtas Committee on Children, Disability, Equality, and Integration, to undertake a re-examination of these issues, with a view to resolving the very real difficulties which the past week has highlighted.