Elaine Loughlin: Why are commissions allowed to publish a report and then vanish?

The latest mother and baby homes controversy highlights a flawed system that has been designed to deny complete and honest answers to those wronged by this State

Tánaiste Leo Varadkar has acknowledged:"If we are going to do another inquiry on a similar issue, we need to look at a better way to do it". File photo

The latest mother and baby homes controversy highlights a flawed system that has been designed to deny complete and honest answers to those who have been wronged by this State.

While the focus has been on the destruction of witness recordings and the commission's refusal to publicly answer many of the questions survivors of mother and baby homes have, it only forms part of a far broader issue around how Commissions of Investigation are set up and run.

Inquiries, such as the recent mother and baby home commission, can spend many years examining matters, costing the taxpayers millions of euro; yet they are allowed to publish a report and then vanish.

The 2004 Commissions of Investigation Act states that the Minister can establish a commission to look into matters considered to be of significant public concern.

The Act requires commissions to compile a final report, hand it in to the relevant minister and then pack up shop.

There is nothing compelling commissioners to explain their findings or answer questions which may arise in the aftermath of publication as was the case when the 3,000-page report on mother and baby homes was released last month. In fact, the Act gives commissioners an out by stating that once set up a commission is "independent in the performance of its functions".

This was borne out when the commission simply refused to appear before the Oireachtas Children's Committee after members raised concerns around the tone and conclusions of the report as well as the fact that recordings of witness testimony were destroyed without full transcripts being made.

Initially, commission chair Judge Yvonne Murphy, said she was unavailable on the date specified. When the committee said they would be happy to hear from the members of the commission at any stage, they were told that the commissioners believed that this would not be appropriate.

This lack of accountability was acknowledged by Tánaiste Leo Varadkar who recently said: "Perhaps one of the flaws in the process is an independent body like a commission can spend five years hearing evidence, examining evidence and making its report but then is not there to explain it.

He told the Dáil:

One is then left, as a Government Minister, trying to explain a report that one had no role in actually drawing up.

Mr Varadkar said he could not blame the members of the commission for that in any way but added that "if we are going to do another inquiry on a similar issue, we need to look at a better way to do it".

The Commissions of Investigation Act now needs to be amended to compel commissioners to provide explanations if controversies arise.

The survivors of mother and baby homes feel they have been yet again let down, in future vulnerable citizens must get the answers they deserve.