Rod Of Discord

at

Minister for Children, Equality, Disability, Integration, and Youth Roderic O’Gorman

This afternoon.

Minister for Children, Equality, Disability, Integration, and Youth Roderic O’Gorman has indicated that the report of the Mother and Baby Homes Commission of Investigation will not be released until late November or early December.

The Minister had previously said the commission was be ready to report this Friday, October 30 and in fact gave this deadline as a reason to rush through legislation to seal the Commission’s files.

Via Irish Examiner:

It is understood that Mr O’Gorman has asked attorney general Paul Gallagher to examine ways in which the archive can be opened up to survivors of institutional abuse.

That process may also take a number of weeks, it is understood.

Mr O’Gorman has said that his advice from the attorney general was that access to the records had been explicitly restricted by the Commissions of Investigation Act 2004.

However, the Irish Examiner last week revealed that this is entirely contrary to the observations provided to his Department by the Data Protection Commission.

Mother and Baby Homes report will not be available until November or December (Irish Examiner)

Yesterday: Seal Tricks

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20 thoughts on “Rod Of Discord

  1. Vanessanelle

    You’d have to wonder what good the AGs office is
    Or what any of the Higher Level Senior Service Constitutional Law people are for
    Or even the Minister’s own Special Advisors

    How did they not spot this Personal Data stuff

    if meself and the BS telly lads can call it out, what the eff are they all at
    All day like
    plus flexie time

    1. Ron

      They did spot it in advance. This was a blatant decision to proceed knowing this law is repugnant to our Constitution. They know the GDPR law of 2018 supercedes the 2004 Commision Act. This isn’t the first time we have had the debate around EU Primacy in this country. It’s an established legal doctrine. The only lens that a court can look through is the lens of GDPR as the most current up to date relevant law. Everything before that is irrelevant. Every domestic law that was in conflict with that GDPR law becomes superceded by that EU Law. Where there is conflict, it is established that EU Law takes Primacy.

      The Minister says that the 2004 Act was amended to exclude GDPR from applying to Commision records. That’s a ludicrous attempt from the Minister to try and argue that a member state can essentially cherry pick in what circumstances an EU Law can apply and where it can’t. That’s just mind blowing that they thought they could get away with pawning that argument off on the people.

      They know they can’t keep the records hidden forever. But I would imagine the strategy is to tie it up in such a legal quagmire that by the time the courts rightfully order the state to hand the full records over, most of the people implicated will be dead. Many of the survivors too.

      Who are they protecting and why.

        1. Ron

          And in many circumstances these women were forced into these homes by their own family. Their own parents abandoned them over the shame they brought on the familiy. Thats a part of our history too. It wasn’t just the church

          1. V aka Frilly Keane

            Yes
            But one by one
            The person or survivor if you like, if that is their wish,
            can apply to a Judge and ask that their own information, which is their property anyway, is sealed for what ever length of time the Court approves

            If the State can provide Michael Lowry his legal expenses
            The State can bloody well stretch to this
            One by one if needs be

          2. Janet, dreams of warm feet

            Who taught them that shame ? Who bate it into them at school and from the pulpit ? They didn’t pull it out of their jacksies.

          3. Papi

            Exactly. Who willingly gives up a daughter and grandchild? It was the church, not religion, not Jesus Christ or his crew, it was the bloody magpies in parishes who would shame a family from the pulpit and not think twice about it. They should all be ashamed.

      1. V aka Frilly Keane

        @Ron

        I think it is widely accepted that Europe will bin this anyway

        The outrage, beyond Opposition having their moment, is
        IMO anyway
        Largely down to the lack of a debate
        And not just in the Dáil and Seanad
        But everywhere
        Primetime, LateLate, Kenny, Press – everywhere
        Like the Repeal and Equal Marriage Refs had

        It was the very least this Bill deserved

        If you go back here a few weeks
        (Although I wouldn’t bother – as Mill says tis like reading a migraine)
        You’ll find a suggestion somewhere that the Minister for Children Equality Integration Disability Youth and the press under the stairs
        Should have applied for an extension of time
        And allowed for a full debate between all TDs to take place

        And btw everyone
        Sinn Féin can throw all the shapes they like
        I’m not buying that they wouldn’t have voted the same way the eFFers, the Greens and the Blueshirts did last week

        Same goes for the handful of Labour in there

        1. Ron

          Why does something that is already supposedly guaranteed by EU law e.g. GDPR need debate?

          There is no debate required. The law is clear. To deny these people access to their records is unlawful. Thats not open to opinion. Why debate? Follow the law, turn over the records. Just do it.

          1. V aka Frilly Keane

            The Survivors
            And their various groups, supporters and advisors
            Would have liked to have witnessed a debate
            The Opposition TDs wanted to Debate – well they said so anyway

            As a citizen
            I would have liked one

        2. Ron

          What has Sinn Féin got to do with anything? Who cares what they said. Sinn Féin aren’t in Government voting to hide state sponsored genocide and child trafficking. Focus on the people that are ACTUALLY working to hide and protect the evil scum that did this. Those that voted to conceal it are as bad as those that committed the crimes. The Government.

      2. Truth in the News

        The Catholic Church and few others that were complict in all of this, it appears
        that O’Gorman hasn’t got a clue and out of his depth, a Dail Committee needs
        to have all those associated
        with policy and decision making
        with this in for a chat……The ‘Green’ party aptly named

  2. Lilly

    Neasa Hourigan was the only reply I got to my email – sent to all TDs and Senators – objecting to the records being sealed.

    1. Steph Pinker

      Fair play to you Lilly, that’s admirable; without disclosing any particulars, it would be interesting to hear if you receive any other replies.

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