We need your help now
Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
By continuing, you are indicating that you accept our Terms of Service and Privacy Policy.
LAST UPDATE | 11 Jun 2021
TANAISTE LEO VARADKAR has described as “deeply regrettable” the decision by the Commissioners from the Mother and Baby Homes investigation to decline another invitation to appear before the Oireachtas to answer questions about their report.
The latest invitation was sent last Friday after all members of the Oireachtas Children’s Committee agreed to it being reissued. The invitation had asked the commissioners to attend a meeting on 17 June.
Children’s Minister Roderic O’Gorman has urged the commissioners to “reconsider” their decision and Tánaiste Leo Varadkar described their decision as “deeply regrettable”.
In a letter sent to the committee today, the three commissioners state that their findings could be “put in peril by an appearance before some of the Committee’s members whose rush to judgement without due process, is already a matter of record”.
The letter, seen by The Journal, states: “The work of the Commission is reflected in its final report and its interim reports and not by commentators who seek to sweep aside its findings.”
A physical copy of the letter was hand-delivered to the committee this morning but the committee members were not aware of this before it was reported in the Irish Times. A soft copy of the letter was later email to the committee clerk.
Speaking to The Journal, committee chair Kathleen Funchion said the fact the committee found out about the refusal via the media was “incredibly arrogant and incredibly rude”.
She said, were the commissioners to appear before the committee, they would be questioned in a respectful manner. However, should their stance change, Funchion said any future appearance would be “a little bit more tense” given today’s events.
“It’s not a witch hunt. There would be no roaring and shouting, no one in the committee is like that at all. People have genuine questions that the commissioners should answer,” Funchion said.
The committee is set to discuss the letter, and members’ next steps, at a meeting next Tuesday.
The letter goes on to state: “While the Confidential Committee was separately constituted, its report is an important element of the Commission’s final report. It is not true to say that the testimonies of the women were ‘discounted’ or ‘discarded’ by the Commission. Professor [Mary] Daly did not say this. Others did.
“The accounts given were very much taken into account by the Commission. They were relied upon to the extent that the Commission considered appropriate having regard to the totality of the evidence gathered by the Commission and before making its findings.
“Those accounts were also reported in a manner that preserved confidentiality in the lengthy Confidential Committee report which was, as directed, “of a general nature”.”
‘Disappointed’
Children’s Minister Roderic O’Gorman has said the decision by the committee members not to appear was “disappointing” and urged them “to reconsider”.
O’Gorman acknowledged that their letter stated they did not “discount” the testimony of the women but added that an appearance before the committee would have allowed for a “further opportunity to clarify” fresh questions that have arisen.
He also said the are “deeper questions” about how information from the Confidential Committee was used as part of the general findings of the Commission’s report.
O’Gorman added that the government will be seeking examine ways of ensuring that evidence given to the commission is “officially reflected”.
He said: “The government is very conscious of the need to ensure that the lived experiences of the 550 who attended before the Confidential Committee are clearly heard and understood as part of our history. I have stated that I believe survivors, and this belief must be demonstrated.
“Therefore, I will work to bring proposals to Cabinet on how the experiences of those who gave evidence before the Confidential Committee can be recognised and officially reflected. I will engage with the Joint Oireachtas Committee on this point.”
The invitation was then extended to the other two commissioners – Professor Mary Daly and Dr William Duncan.
Event last week
At an event organised by Oxford’s Hertford College last week, Daly defended the final report.
Many survivors have criticised the report, in particular conclusions which state there was a lack of evidence of forced adoption, abuse and discrimination, despite testimonies contradicting this. Some people have also said their testimonies were amended or misrepresented.
During last week’s event Daly said the Commission had essentially discounted the testimony given by hundreds of survivors to the Confidential Committee when coming to its conclusions as this testimony was not given under oath, instead focusing on the evidence given to the Investigation Committee.
The Commission heard evidence via two Committees: the Investigation Committee and the Confidential Committee.
Witnesses who gave evidence to the Investigation Committee had to swear that the evidence they gave was true, and their claims were questioned in a more rigorous manner.
The main purpose of the Confidential Committee was “to listen to the experiences” of survivors. The Commission previously stated that this committee “may be suitable for you if you wish to have your experiences heard in a sympathetic atmosphere by experienced people and you do not want any person or institution to know that you are giving evidence to the Commission; the evidence you give will not be open to challenge”.
Sixty-four survivors gave evidence to the Investigation Committee, whereas hundreds of survivors gave evidence via the Confidential Committee.
Just 19 people applied directly to give evidence to the Investigation Committee, and it’s not clear how the other witnesses were chosen.
Daly’s appearance was the first such such public comment by a member the commision and it prompted further calls for them to answer questions.
Taoiseach Micheál Martin and Tánaiste Leo Varadkar are among those to call for the commissioners to appear before the Oireachtas committee.
In a statement this afternoon, Varadkar said it was “imperative” that they explain their report.
This is deeply regrettable. I had genuinely hoped they would agree and that a date would have been set by this stage. I would urge them to reconsider their decision, and to appreciate the imperative to explain their report and answer questions. The Commissioners are best placed to answer how they reached their findings. It is long overdue at this point.
Adoption rights group Aitheantas has also said that the commission had “disappointed from the outset due to its limited remit and continues to disappoint”.
“We feel that following the refusal of the Commission members to discuss the report, and bearing in mind the legitimate concerns raised regarding the report, that the only alternative to address this matter is a new investigation,” the group said.
To embed this post, copy the code below on your site
Ireland badly needs an overhaul how we handle major issues like this – it can’t be acceptable that the taxpayers fund for inquiries and appoint commissioners who can just throw their hands in the air and ignore the wishes of our elected officials – legislators should be able to make it a responsibility and term and condition for people tasked with these reports to be compelled to at the very least have to make a presentation of their findings – this is nonsense – and they can go share their opinions in UK academic seminars but ignore requests to appear before our Oireachtas – disgraceful and shameful and their fears about the report being undermined – their actions are damaging the report and arguably more so by not appearing – disgraceful conduct from so. Called professionals
@Dave Hammond: There was a referendum in the last decade or so which would have made it the law for people to have to attend and be questioned by an Oireachtais committee where requested to, but, we voted against it. Mind you it didn’t help that they didn’t even try to reassure the public that that function would not be Abused. You’d have them calling in all sorts of Tom, dick and harriets, ordinary civilian citizens etc.
@#FreePalestine: I think the idea was that this would then save a lot of the cost and time of Tribunals.
@#FreePalestine: Time for another referendum! If they are serious about getting to the bottom of this like they have been on other referendum issues. Why not another one.
As an adopted person who was in an institution that was inexplicably & arbitrarily excluded from the Commission’s term’s of reference, it’s clear to me that many people like me…ie; the vast majority, were completely left out of any investigation, any intern or final reports, any of the Taoiseach’s & the Minister’s apologies, any church leaders statements & also probably any redress or reparations, so I & we are simply left presuming that we’re excluded from any explanation as to why we’re interminably ignored, left in the dark & disrespected.
And as for the Commissioner’s who did this to me & my vulnerable & marginalised community, it seems it’s very nice work if you can get it.
I am very much insulted, totally unequal, left waiting for justice, obviously discriminated against & furious!
@akaalison: Corruption of Morals, see no evil, hear no evil, speak no evil; no morality . No compassion, no empathy, well off, well paid, well protected.
@akaalison: As a fellow adopted person, I completely agree. The report was insulting but their latest actions and words have been nothing short of demeaning.
What do they have to hide?
@Jehoiakim: read the article.
Then read it again.
@Jehoiakim: So you didn’t read their long explanatory letter then?
@Jehoiakim: Their conclusions and how they reached them.
This is absolutely outrageous. Who are these people. They should be removed from any statutory body that b they may sit on, from any university and made to return their fee that was paid. Also government committees must be given powers to compel participants of all tribunals, commissions and statutory bodies to appear before them.
How much did the taxpayers shell out to pay these ‘commissioners’?
@Stephen Deegan: Report cost €13.5 million apparently
@Anthony Clark: look how much the tribunals cost, and they are still in the Dáil.
@Stephen Deegan: Pretty much the same amount of money the wigged ones “earn”. It’s all a pointless, expensive exercise, and, don’t forget, they have their rights; no responsibilities but plenty of rights. Downright disgusting but nothing will change. On and ooooon it goes
She’s a disgrace letting the victims down.
Too late to have a moral compass now for them ! Speaks volumes about the commission itself.
It’s reached the point now where if you vote for FFG you are partly responsible for the coverup of this atrocity. Leopards don’t change their spots and FFG are just doing what they always do. You can’t continue to claim ignorance while at the same time voting for these parties.
@Declan Doherty: No such entity as FFG
@Fionn Darland: You know very well he is referring to the
Fianna-Fail-Fine-Gael Party which has been in power since the foundation of the state.
@Willie Penwright: Did you not hear me Willie – I said there is no such entity as FFG, I did not say I did not know what he was referring to.
Republic of Ireland is one of the strongest economies and best countries to live in, in the world. Thanks for reminding us all who put this country in the premier league.
This is a smack in the face to all the victims. The sheer nerve of these people to appear just smacks of we know what’s best and don’t have to answer to nobody.
Arrest them…
@Paul Somers: You know there’s no legislation which allows for that right?
@Paul Somers: under what charge? Like it or not, they fulfilled their contract in submitting their report to the minister, they are under no legal or contractual obligation to attend. Something to note when commissioners are being appointed again. Further, with the commission having been disbanded they are now private citizens and can’t be compelled to attend, as a result of the referendum a few years ago, perhaps if the minister had extended to life of the commission there would be some hope of compelling them, but not now.
So, the people who set the terms and conditions of the commission, which by its very nature was never going to hold any individual accountable, are giving out that the people they imposed those terms and conditions on, are now sticking to the terms and conditions and are refusing to be held accountable…..right…..smoke and mirrors at its finest.
I wonder how this effects our International reputation?
@Jack Cass: I dunno, but I’d say it affects our international reputation somewhat negatively.
Cant understand why their being invited to appear before the oireachtas committiee they should not be given a choice they should be made to explain their actions
It seems no one commenting here has either read the report nor the very coherent letter to grandstanding political committee about why they won’t give them the opportunity to grandstand and get on the Six1 news looking outraged.
What will Claire Byrne have to talk about…..it’s a National scandal
Genuine question, did they do everything in the context laid out by government and now they won’t change to suit the government who are facing a backlash and in turn won’t jump to the beat of politicians who set the agenda and won’t let them beat them down by a witch hunt in front of a committee
@Garreth mc mahon: I believe they have stated the issues with the whole thing are due to the terms of reference which were put in place by the government. They have to work under that scope and can’t deviate.
“Their findings could be put at peril”?
Your findings SHOULD be put at peril because your report is a complete whitewash.
I write this as a person who was illegally adopted.
Oh Leo update now, btw Leo you cant pick and choose when you are in or out of Gov. Your party and you have been in Gov over 10 yrs now and be about time, for you especially to stop talking out of both sides of your mouth and ends of your body, but that would be hard as it seems to be your best, most consistent and prolific quality.
@Da Dell: You need to go to anger management classes at this point.
@Fionn Darland: Any anger I have if any, will be gone when your master Leo is put out to pasture. What you need is new material, you seriously need to get new spin an pr lessons. Maybe you should register for some of FG/Leo/Concannon spin classes, or the attack SF training provided by FG.
@Da Dell: As long as those spin classes are not in the gym – I may look into them.
Who picks these people for the committee
@Gerard Heery: commissioners
To put these people through the process and then not use their spoken word but the committees interpretation of their lives experience must be very hurtful and maybe even traumatising as they trusted the process . They just wanted talk soon be heard from their words as I think we all would like snd need when we feel not listened to
We’re they paid by the state, these commissions are a farce, real people needed not pseudo intellectuals
@William Bryan: Yeah. Independent arbiters. Who do they think they are???
If this commission was paid for out of public funds they should be forced to attend. There is no other option . End of !!!
@Mary Mc Carthy: No different to General Secretary of sf not going before the Oireachtas Committee to explain Abú. SF gave two fingers to the people by sending NIMBY.
The three commissioners state that their findings could be “put in peril by an appearance before some of the Committee’s members whose rush to judgement without due process, is already a matter of record”.
In my opinion the results of this investigation should now be totally disregarded and consigned to the dustbin.
Government must immediately appoint an new commission and set cast iron terms of reference and full transparency to the absolute satisfaction of those people who suffered so horribly.
Justice will have to be seen to be served.
There is alot on Pontius on this. Government Minister Gorman pushed through many votes against much vocal outrage from survivors, on the 30 yr sealing of the documents , the dissolution of the Commission whilst audio testimony seemed to be destroyed, that horrific ill thought conference for survivors.
Now it seems there is an opportunity to bring in the Commission as a Patsy and point and say look, look how horrible you have treated these people.
Maybe Minister start at home first. You are the Government this is your Commission. You dissolved it and now you want answers.
Unfortunately these reports and the lack of transparency afterwards is sadly just as normal to me now as a mass shooting in the US. At first you’re horrified this could ever happen but then as it happens again and again without anything changing you just get numb to it. Just my opinion.
Sadly I agree with them NOT appearing before the Fail committee- too many elected members using it as a stage to promote themselves as we have found before with their insulting behavior resulting in High Court actions – and we did vote accordingly
Let me fix your headline… Varadkar says nothing really
Disgusting
but….but …but… the Nuns legal team threatened them with all sorts of legal actions if they used unsworn testimony to form their conclusions
Unfortunately there was no legal obligation on the commission to inform their witnesses of this fact when they were asked them if they wanted their evidence to be formal or informal
From the outset the commission’s findings were always going to be flawed yet none of our esteemed Journalists/ Media/politicians and the so called experts in this field could see this or at least asked the right questions which could have helped them or others stumble upon this
Well they’re just showing the whole World now how much they have to hide by not answering to Government. They should be brought to the European court where they’ll have to answer questions.
Adding insult to injury. Shame on them.
have your say