UPDATE, DECEMBER 2020:
The Commission of Investigation has begun to contact each person who gave testimony to its Confidential Committee. If you have been contacted by telephone, we strongly recommend that you ask the Commission to put its request to you in writing, and ask the Commission to also send you a copy of all the personal data it holds on you, including your testimony.
Here is an example of the letter which the Commission is sending. The Commission is asking whether ‘you want your name to be removed from your Confidential Committee file’ before the information is deposited with the Minister for Children on 28 February 2021.
Unfortunately, the Commission is not sharing a copy of the Confidential Committee file, nor any other personal data, that it holds on a person with them. JFM Research and Adoption Rights Alliance believe that this is contrary to EU data protection law, and that it prevents a person being able to give their informed consent to the Commission regarding the question of anonymisation of their information.
JFMR and ARA recommend that every person who gave testimony to the Commission of Investigation should ask the Commission for a copy of all personal data, including the record of their testimony, which the Commission holds in relation to them.
UPDATE, OCTOBER 2020:
Adoption Rights Alliance, Justice for Magdalenes Research and the Clann Project welcome Government Statement on Mother and Baby Homes: Click here to read our joint statement
WE NEED YOUR HELP!
THE MOTHER AND BABY HOMES COMMISSION ARCHIVE IS ABOUT TO BE SEALED FOR 30 YEARS
The Commission of Investigation (Mother and Baby Homes and Certain related Matters) Records Bill 2020 is scheduled for fast-track Oireachtas approval this week.
There has been no consultation on the Bill.
Minister Roderic O’Gorman claims that this legislation is necessary to ‘safeguard’ the records gathered and created by the Mother and Baby Homes Commission of Investigation.
However, the Minister is giving away part of the Commission of Investigation’s archive to TUSLA, without keeping a copy. He has stated that once he receives the rest of the Commission’s archive (minus the records transferred to TUSLA), the archive will be ‘sealed’ for the next 30 years.
This means that no-one will be able to access their personal records from the Minister’s archive, or information in his archive about their disappeared relatives or babies who are buried in unmarked graves.
All of the administrative files, which show how the abusive system of forced family separation was run, will also be withheld.
It will not be possible to question the conclusions of the Commission of Investigation, to do further research, or to hold wrongdoers to account.
We need to prevent this further human rights abuse. The secrecy has to end.
Under the Bill, some of the records gathered by the Commission (a ‘database and related records’ of women and children detained in 11 Mother and Baby Homes) will be given to TUSLA. The rest of the archive will go to the Minister for ‘sealing’. How is it acceptable to release some but not all of the records?
TUSLA is not the appropriate recipient for any part of the Commission’s archive. It operates legally troubling and discriminatory practices, including defining adopted people’s birth name as third party data and undertaking ‘risk assessments’ of all adopted people who request their records.
Just two weeks ago, the Minister promised that he would receive a copy of all records gathered by the Commission of Investigation.
But this Bill breaks that promise: it states that the ‘database and related records’ transferred to TUSLA will not form part of the Minister’s archive.
When the Minister emailed stakeholders including survivors, adopted people, natural mothers and relatives with a copy of the published Bill he failed to inform them of this fundamental change.
The Bill should be amended so that the Minister takes custody of the whole archive and provides immediate access for affected individuals and families to all records concerning them or their disappeared relatives once he receives the records. In fact, this is currently required by Section 43 of the Commissions of Investigation Act 2004 and Section 198 of the Data Protection Act 2018.
The Government also needs to immediately commit to establishing a dedicated archive at Sean McDermott Street to provide national education and truth-telling regarding all connected forms of ‘historical’ institutional and adoption-based abuses. Administrative records can be anonymised as necessary to protect survivors, adopted people, natural mothers and relatives. Individuals should be entitled to voluntarily deposit their testimony.
The Government is progressing this Bill at lightning speed.
Yet the relatives of disappeared women and children throughout the country, and living survivors and adopted people, have been denied any access to the Commission of Investigation’s archive.
Witnesses have even been denied a transcript of the evidence that they gave to the Commission of Investigation.
The ‘sealing’ of abuse records has to end.