Micheál Martin

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Sorry, I-----

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The Deputy's presentation as to archives being sealed is somewhat disingenuous and totally inaccurate. My understanding is that the action the State took - well I know, because it was dealt with by means of legislation introduced by the previous Government - was to protect those archives. If we had not introduced that legislation, they would not be extant now. They would have been destroyed by the commission. We need honesty in this debate, and we need to stop name-calling everyone and saying people are doing this and sealing that. We are not. The actions of the previous Government in respect of this issue were comprehensive. For the first time, we overcame certain constitutional issues in order to ensure that everyone who was adopted had access to their full birth records. That was always the most consistent demand made by people. That is what happened then. During the term of office of the previous Government, there was a huge campaign to try to block the legislation. If that legislation had not been passed by he Houses, the archives would have been destroyed. It was a dishonest and outrageous campaign that was organised by people who should have known better. Thanks be to God the then Minister, Deputy O'Gorman, brought the legislation through because it has protected the archives. As the Deputy will be aware, we will have a national archive centre for all material relating to all industrial schools, mother and baby homes and other institutions, for its preservation, conservation and, ultimately, to allow people who wish to do so to access it. In respect of Bessborough, it must be stated that An Coimisiún Pleanála is independent. I hope the Deputy accepts that. It is independent of the Government and the Oireachtas. People may describe its actions as disgusting and so on, but it is independent in its planning functions. If we ever reached a day when politicians felt they could intervene in various issues on an ongoing basis, that would become problematic for society over time. In respect of the Bessborough site and the decision, there is no evidence yet that there were any burials on the specific site on which an application has been made to build housing. The Bessborough site was originally 200 acres. It is now 60 acres. An element of the land was bought. I am on record as saying that I would have preferred for the State to have bought that land back in 2018 or 2019 via the local authority. That did not happen. It is my understanding that it was bought in different lots. There have been State buildings, buildings that provide services to the State, on the Bessborough site for quite a long time. There has been lots of activity on that site for a long time, since long before the commission of inquiry. The commission of inquiry examined the Bessborough site extensively. This included cartographic and archival research, site surveys and public appeals for information. I apologise. I do not have time to go through this. I will come back in on it.

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The Deputy has now said that a decision of An Bord Pleanála is the most callous decision of this Government.

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I am sorry; I did not interrupt you.

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I did not interrupt the Deputy. She does not have a monopoly on empathy or anger on this issue.

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I did not heckle you.

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Hang on a second----

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Am I not allowed to speak?

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Are you going to shout me down all of the time? Do you not believe in freedom of expression for everyone in the House?

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It is wrong for the Deputy to misrepresent me and to misrepresent the Government's position on this. We were not involved in An Bord Pleanála's decision.

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By the way, while I have not had the opportunity to go through this, the Deputy knows that because of the planning protections in the laws we have passed, if any human remains are found there, work has to stop immediately. There has to be a forensic archaeological strategy involved. That is mandatory. A forensic archaeologist must be present throughout the entirety of the excavation works. All works must cease immediately if human remains are discovered.

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Having said that, in terms of your basic question on a compulsory purchase-----

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I was heckled again.

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I am not being given the opportunity-----

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There has been a lot of misrepresentation. The Ceann Comhairle allowed the Deputy to speak.

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We need a bit of balance here.

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I appreciate the constructive manner in which the Deputy has raised the questions, particularly in the context of her question as to how she can work with us. I appreciate that response. She has not attempted to name-call anybody or misrepresent people. I appreciate that. What I was endeavouring to say is that the commission did examine the site extensively, including in the context of cartographic and archival research and site surveys. It concluded that while it is likely that some children are buried on the grounds, that is, somewhere within the 60 acres, it found no physical or documentary evidence locating burial sites. When I spoke to survivors early on - not this year but, certainly, two to three years ago - there were differing perspectives in terms of how we deal with the 60 acres and with the site itself. It is not just on this specific one that An Coimisiún Pleanála has made an adjudication. One of the difficulties is, I am advised, that excavation without evidence of location is neither feasible nor lawful. That is a problem. Under the Institutional Burials Act 2022, the Government can only appoint a director of authorised intervention where it is satisfied that burials have taken place and there is evidence that those burials are manifestly inappropriate. In the case of Bessborough, I am advised that the legal threshold cannot currently be met because the location of many burials remains unknown. However, there are significant and meaningful planning protections in respect of the specific application at Bessborough, namely: a forensic archaeological monitoring strategy is mandatory; a forensic archaeologist must be present throughout excavation works; and, as the Deputy said, all works must cease immediately if human remains are discovered. That is obviously designed to ensure dignity, protection and accountability. CPOs just do not happen automatically even if people apply for them. There are huge legal thresholds to be overcome in respect of a CPO of a site like this, particularly given that the council has designated it as appropriate for housing in its city development plan and, in the context of its executive functions, gave planning permission to the development of housing there. That has now been endorsed by An Bord Pleanála. Therefore, a CPO is not a straightforward, simplistic thing the Government can do by just pressing a button. That also needs to be acknowledged. This matter does need reflection and examination. I fully accept the disquiet that is out there. We have done everything we possibly can over the last number of years in fulfilling the action plan that was outlined by the last Government in all of the areas that were covered at that time, in relation, as I said, to access to records, in terms of a redress scheme and much more than just that. We passed the Institutional Burials Act, which is now operational in Tuam and yielding an outcome there. Up to now, to be blunt about it, there was no real push or pressure to excavate the entire 60 acres at Bessborough.

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We can say it is deeply chilling, but it is with a view to protecting human remains. That is important as well. I think that is something that should be in the planning condition.

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If it was not in the planning condition, the developer could do what the developer might want to do if it came upon human remains. That is one of the issues here. We are dealing with a 60-acre site here. I know the site very well. I have known it all my life. Buildings have been put on that site over the years. There are services on that site, funded by the State, in new buildings and so on. I mean social services and so forth. Certainly, I will engage with the Deputy and I will take on board some of the suggestions that she made in her contribution, but we also have to examine the possibility that there are no burials in that site at all. What if there is none?

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I thank the Deputy for raising this issue. The Government is not lax on crime and has allocated significant additional resources this year and last year, and will continue to do so. Fundamentally, we are recruiting more gardaí which is important. In 2026, we funded the recruitment of a further 1,000 new gardaí and 200 more Garda staff and additional Garda reserve this year. At the end of April, the overall Garda workforce was over 18,000, particularly in the Dublin metropolitan region, where it was close to 4,000 gardaí assigned on the same date. We have equipped gardaí in that three divisions are now the site of proof of concept for body-worn cameras and the trial of deployment of conductive energy devices, CEDs, to train front-line gardaí. We are continuing to work on the resourcing of An Garda Síochána. We also now have youth diversion programmes in every part of the country. Children must engage with youth diversion programmes or else they will be dealt with through the criminal justice system. We need a wider societal approach to this. Young people throwing stones at a woman with a buggy is shocking and appalling behaviour, and parents, families and communities in society also have to take responsibility here. However, there are many positive things happening across society, with many volunteers doing extraordinary work with young people, in sporting clubs and in a variety of social and youth clubs and cultural organisations. All that must be equally affirmed and acknowledged, and we resource and support that. It is our view that greater visibility of gardaí on the street will deter actions of the kind the Deputy has outlined. Where extra gardaí have been deployed, that has been the experience. Gardaí are also reporting significant progress in respect of certain crimes and criminal activity which also needs to be acknowledged. In certain communities, we need something on the model, which the Minister, Deputy Calleary has now developed in respect of the Department of community and rural development with Minister of State, Deputy Buttimer. The whole idea of having particular, co-ordinated resources in certain communities will give a broad-based approach, somewhat like the RAPID programme of a previous era, which can deal on multiple fronts with this phenomenon the Deputy has described.

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I take the Deputy's point in respect of multiple offences. We will discuss that further, as well as the Deputy's issue of monetary penalties in respect of people's incomes. There has been a general reluctance on that front because you could create unintended consequences for others in the family, including other children in the family who are not breaking the law, but I take the Deputy's point more generally that there have to be consequences for crime, particularly where people are committing multiple offences. I know that the Minister for justice, along with other Ministers, will certainly continue to work on that.

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