Kathleen Funchion Demands Justice Over Mother and Baby Records

Thanks, Celestia and Carla. I am sharing time with Deputy Macdonald, Quinn Levin and Farrell. Minister, before I begin to outline why I and my colleagues in Sinn Fein believe so strongly in the serious concerns we have around this legislation, I want to firstly pay tribute to the courage and resilience of the women and children who suffered so horrifically in mother and baby institutions and who continue to suffer at the hands, unfortunately, of the State as they try to secure their records. I have had the pleasure of meeting some people in my own constituency and recently some people in Tewom and their courage and their resilience just astounds me, to be honest. As my colleague Senator Alicia McCallion stated on Friday in the Senate debate, these were not homes and I thought that was an excellent point. They were detention centres. There were cruel practices carried out on innocent women. A home is supposed to be where you feel safe, loved and protected, not a place where you are tortured, imprisoned and forced to give birth in the most appalling conditions, often without medical support or even basic pain relief. One survivor so vividly recalled when she gave birth, there was no doctor present, just nuns, and there was no formal medical care or any kind of pain relief. Another woman retold the story of her birth saying, and I quote, that when her mother cried out in pain during labour, she was told by one of these nuns that she should not be surprised as my mother was paying for her sins. Again, I just want to pay tribute to these women, their families and the dedicated campaigners who have persevered for years and in such a dignified manner. A part of me cannot believe that in 2020 we are here discussing the rights and wrongs of what should happen to records and whether records should be sealed. And I know the point that you are making, Minister, and I know you firmly believe that, although I disagree. But now is the opportunity to deal with the sealing of the records and to bring forward any amendments to any legislation that is needed to do that. After all the testimonials, after all the state-backed investigations and inquiries into state-sanctioned abuse, we are here again witnessing another injustice against these women and their stolen children. And I am not sure, Minister, if you have had the opportunity to read any of the experts from the Klan Project witness testimonies. The stories of obstruction and indifference by religious institutions and state authorities are harrowing and disappointing, but tragically they are not surprising. As one survivor says in relation to tracking records, I have found it incredibly difficult to access information about my childhood, my mother and my siblings. Whenever I attempted to obtain information, I was made to feel that I was a nuisance. I got the impression that the authorities close ranks on you when you try to obtain information. And I have been told countless times by various institutions that my records have been lost in a fire, a flood, or that the nuns are very old now and they would not remember. Another describes how the information I was given was deliberately inaccurate or misleading. I felt that some of the details I was provided were given in order to lead me down a garden path. And this experience has made me very angry and I feel like I have been lied to and I do not know what to believe. Child survivors tell story after story of hidden brick walls, many tragically missing the opportunity to reunite with their mothers before they passed away. Some tell stories of reuniting with their mothers only months before their passing. One survivor's details and I quote, When the social records finally took me to my birth mother's ward, I walked into the room and kissed her on the forehead. I told her who I was and she replied by saying, I knew you would find me someday. And she passed away a month later. I actually think that woman probably hung on until her child found her. And I think anyone who has listened to these stories that have spoken to survivors, and I know every TD and minister in this house was contacted by survivors and their supporters, and their stories flooded into our inboxes last week. We cannot be but moved to do whatever it takes within our power here as elected representatives and legislators to do everything in our power to ensure justice for abuse survivors. It is painfully clear to all that rushing this legislation and not giving these important issues the time, debate and dialogue they deserve is another injustice altogether. There are several points I would like to make in relation to this unfairly rushed legislation, and the first relates to how little consultation with survivors there has been. There are several survivor groups throughout the country and many dedicated advocates who are unanimous in their condemnation of the government on this point. And I really think that they have a very valid point. Survivors have two key asks, that their records do not go to Tusla, and that their records are not sealed for the next 30 years. I mean, is that too much to ask of these women and children that we have just totally failed? While your amendments minister attempt to speak to the alarming issue that has emerged in relation to keeping the records in one whole archive, these records will still go to Tusla, and this goes completely against the direct wishes of survivors. Many survivors tell of their experiences with Tusla and their stories are not altogether complimentary. One survivor tells how they have not been entitled to review anything on my file held by the Child and Family Agency. They have been obstructed from the start and I have been refused access to a large amount of information. Tusla is simply not the appropriate body to retain these records. It operates legally troubling and discriminatory practices, including defining adopted people's birth names as third-party data and undertakes risk assessments of all adopted people who request their records. Minister, can you appreciate why there is such appreciation with these records resting with Tusla? Why there is such anger, I suppose? There are several other organisations that have the skills and expertise to properly collate and archive this extremely sensitive material. So why is it that only Tusla has been considered? My next concern is that the Minister or the Commission have provided a rationale as to why section 43 of the 2004 Act is not sufficient in terms of providing a legal basis for the transfer of the personal data. We have only been told that the Commission feels it does not have a legal basis to transfer these records in the entirety to the Minister. The most emotive issue to emerge over the past week is the development of the sealing of the records. I know the point that you made, but I really do believe that now is the time to deal with this. For many, the answers and some, any type of closure lie within these records regarding babies who died. One mother tragically and so pointly recounts how her son was kept in a closed off area called the dining room. I begged the nuns to take me to him, to take my son to a hospital, but they only did so after two weeks had passed and he died in hospital. And another mother does not even know, and I quote, whether he was buried in a coffin. There was never even a kind or sympathetic word spoken to her. And I tell these stories because I think it's important that they're read into the Dáil record, it's the least we owe people. How can we stand here and tell these women and children, survivors of state-sanctioned abuse, that there's a possibility that these records are going to be locked away or destroyed? If this legislation passes through the House, every TD that votes in favour of the Government's amended bill has essentially held the key and locked these personal records about their treatment in these cruel institutions away in a vault for the next 30 years. And I really believe we need to ensure it's not rushed. We need to give it the time that it deserves. We cannot allow for it to pass in its current form and I'm appealing to all TDs, particularly in the Government parties, to please stand up for these women and children and do the right thing. We must be mindful that this piece of law is going to have real consequences for people. We each have an equal mandate in this chamber and we each have an equal responsibility to ensure that justice is delivered for these women and children. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much. Thank you very much.