Children in institution

Carey welcomes new law preventing destruction of institutional records

CLARE Fine Gael General Election candidate Leonora Carey says that legislation to preserve the records of institutions such as Magdalen Laundries and Reformatory Schools now makes it a criminal offence to destroy evidence of abuse of vulnerable children.

The legislation was introduced as a result of representations from survivors, former residents, advocates and people affected by institutional abuse.

According to Ms Carey, the destruction of privately-held records relating to institutions implicated in historical sexual abuse is now punishable by penalties of up to three years in prison and €50,000 in fines. 

“It is now illegal for holders of relevant records to destroy, mutilate, falsify, fail to maintain or to export them from the State. 

“The legislation forms part of the Maternity Protection, Employment Equality and Preservation of Certain Records Act, which was signed into law on October 28. The section of the Act, which provides for the preservation of privately-held records, came into effect yesterday (Tuesday), she explained.

“Along with Magdalen Laundries and Reformatory Schools, the legislation also covers records relating to Mother and Baby Homes, County Homes, industrial schools, orphanages, adoption agencies and boarding out arrangements, as well as the bodies that ran or oversaw these institutions and placement arrangements. 

“However the legislation does not apply to survivors or affected persons, or their families, who hold records relating to themselves and their own institutional experiences.

“The law permits the Director of the National Archives to request a statement of the records held by the relevant institutions so it is important that those who hold relevant records are aware of their obligations and the related offences under this new legislation,” Ms Carey added.