Galway Bay fm newsroom:
A legal expert has given the go-ahead to collect DNA from the survivors of the Tuam Mother and Baby Home in an effort to identify their relatives.
Family law expert Geoffrey Shannon says this won't breach privacy laws.
The Department of Children will have to draft legislation to pave the way for biological samples to be collected.
It's hoped that human remains can be returned to relatives.
Fianna Fáil's spokesperson for children, Anne Rabbitte, says Dr Shannon's report must be backed up with immediate legislation.
Meanwhile, the Tuam Mother and Baby Home Alliance has provided the following statement to FYI Galway:
Tuam Mother and Baby Home Alliance
We
are particularly pleased to see that Dr. Shannon proposes the
opportunity to take DNA samples in a timely fashion via a voluntary
administrative scheme. Such biological samples from relatives would
then be stored securely until legislation is in place. This is
essentially what our members, namely Sana Tansey and Emer Quirke
proposed and which Taoiseach Varadkar admitted was a reasonable request.
It
is comforting to note that no DNA profiles can be constructed arising
out of the samples until legislation is in place and we are assured it
is possible to generate DNA from the remains of the lost children. The
DNA is being collected for that sole purpose. The safe storage of DNA
is paramount and we are provided with an assurance it will not be
available or used for any purpose other than matching. If the
possibility is not there to match for any reason, then the DNA will be
destroyed. It is valuable data and must be treated as such. Advises we
have received suggest the possibilities of advancing technologies
providing new opportunities all the time; only a couple of months ago
another victim of 9/11 was identified some eighteen years later.
DNA
collection being voluntary, open to the individuals concerned who
will provide informed consent. Ownership rights and compliance with
GDPR legislation underpin the process – with ownership of their own DNA
as recommended by Dr. Shannon remaining the property of the
participant who has the authority to withdraw consent and therefore from
the process at any stage. This is a most welcome suggestion. Further
the opportunity for the participant to nominate a person in the event
that they pass away prior to completion of the process ensures the
opportunity for matching continues for a period.
The
Minister on speaking to us yesterday mentioned that she would request
her Department officials to put in place a voluntary administrative
programme. Our Alliance with two experts working in the field who
initially proposed this model hope to contribute in an advisory
capacity as we suggested this to the Minister. Also advised and welcome
is the recommendation to communicate throughout the process with those
most affected.
Finally,
we are grateful to Dr. Shannon for this report, which looks favourably
on our request to begin the process of banking DNA from concerned
family members and survivors without the necessity of awaiting a lengthy
legislation process and thank him for the person-centered approach he
has undertaken, advocating for those who are the most vulnerable.
- Tuam Mother and Baby Home Alliance