Kathleen Funchion welcomes legislation but seeks clarity on 20m rule
Kathleen Funchion spoke in support of the legislation addressing sites related to mother and baby institutions, welcoming its provisions while pressing for clarity on the 20 metre criterion and intervention criteria. She praised the PLS committee process and advocacy groups, and asked for more detail on appeals, coronial roles and board composition.
Support for the legislation
She opened by welcoming the piece of legislation and repeatedly acknowledged the babies and children at the centre of the debate. She paid tribute to advocacy groups and to Catherine Corliss who addressed the chamber during PLS discussions held in COVID times.
PLS committee work reflected
Funchion highlighted the committee's long PLS process, noting members such as Deputy Ward and Deputy Kearns, and welcomed that a number of committee recommendations were taken on board. She said the experience showed that respectful consultation can produce strong legislation when those affected and those who work in the area are listened to.
Coroner jurisdiction and the 20 metre rule
She welcomed the decision to maintain coroner jurisdiction, saying this had been a key concern repeatedly raised by people. She asked for further information and clarity on the 20 metre criteria, expressing concern about possible effects in residential areas and seeking reassurance about practical implications.
Intervention criteria, appeals and board expertise
Funchion relayed fears that intervention criteria might be too rigid and that people who come forward could be told they do not fit the criteria. She welcomed mention of an appeals mechanism and requested more detail on how it would operate. She also argued the board chair should have coronial experience and that stakeholder engagement should include former survivors and family members.
Next steps and overall view
She broadly welcomed the measures and the incorporation of PLS recommendations and said she looked forward to the committee stage. She concluded by reiterating thanks to contributors and those who engaged with the process.
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I want to start off by saying that we welcome this piece of legislation. I also want to acknowledge and think about all of the babies and children. That is actually what we are speaking about at the end of the day and how tragic and sometimes there are actually no words even to know how to describe the situation. And again also, as you have said, Catherine Corliss, we owe her a huge debt of gratitude and she actually was here in this chamber during the PLS discussions because it was during COVID and we were thankfully able to open up the chamber to a number of people and I always thought it was quite fitting that she had the opportunity to come in here and address us. So I also want to pay tribute to her and all of the other advocacy groups as well and I know that at the time of the of the last general election there was an expectation actually people had been invited to the PLS during that dollar term and they were hoping that this would be passed. So I do I am very conscious of the time frame that has passed for people and how anxious everybody is to get it and to see this getting sort of resolved. I also want to say that I do actually acknowledge a huge amount of the work that we put in our committee and during our PLS discussions, Deputy Ward and Deputy Kearns are here who are also members of the committee along with others but this was one of our first PLS discussions as a committee. It took us a long time let's just say and sometimes I wonder would we get it all together but we did and it actually is really refreshing to see some of the recommendations being taken on board and for me and I hope I don't ever regret saying this but I feel it's the first time that I've engaged in a process like that where you can actually see the work being reflected back and I think it just shows that when that process is done correctly and I suppose respected in the way it should be it can result in really good strong legislation because in all legislation we should be listening to those that are affected by it or those that work in the area and that's why consultation is always key so in particular I want to acknowledge the area of the coroner and the fact that jurisdiction is going to be maintained I think that's really important and that came up time and time again with people that was one of their key concerns one of their key worries about potentially disallowing the powers of the coroner and we all know that that was really really important so I welcome that I would like to get some more information in relation to the 20 metre criteria and if maybe when you're in your reply speech or at some point we can get more detail on that because I do know that that was one part that some people contacted us since this has been published and are slightly concerned will this mean that maybe now that there can't be an excavation in certain areas it may not mean that but we just want to get the information on that and given that even in example in tune we know how near that is to so many residential areas will there be any sort of a negative effect in that and it's just to kind of get some more clarity and information on that in relation to it and also some one of the other concerns that was brought to our attention was in relation to the kind of the criteria to actually go in and do an intervention and just I suppose some people are concerned is this still a little bit too rigid or strict and I suppose with all aspects of anything in relate that has in any way to do with mother and baby institutions and I know you've acknowledged this in the past there is a fear from people and a distrust that they are always thinking worst case scenario and I don't blame people for thinking that because that has been their treatment of the hands of the state for decades so I suppose just some clarity on relation to the criteria on the 20 metre rule and then just I picked up on your speech and I think it's good in relation to because this came up during the PLS as well about the family members and the hierarchy and I suppose they I think you had said there will be an appeals mechanism I think that's that's welcome and if you have any more information on how you see that playing out and the other thing I wanted to mention was in relation to the chair of the board being a former coroner or having coronial experience I think that's absolutely vital because it's really important that we have people that actually know you know all of the ins and outs and all of the various parts of this and again that there is stakeholder engagement and that they would be involved in that former survivors people who are relevant to that process and the consultation with family members so I would say I would welcome it I'm glad to see a lot of the recommendations that we've gave at PLS being taken on board just a few concerns around the criteria around the 20 metre rule and I suppose in particular the criteria part for other sites for other potential sites people are afraid maybe if they come forward and they really feel that they have information on a particular site are they going to be told they don't fit the criteria and there are some of the fears just to relay them back but I would say we would broadly welcome it and look forward to the committee stage thanks Ciancarla Thank you very much
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