Commission of inquiry stymied by own remit

An ‘Irish Examiner’ investigation published last month revealed that three grave plots in St Finbarr’s cemetery in Cork City contain the remains of at least 21 children — some of which were buried as late as 1990. Conall Ó Fátharta argues that the failure by state agents to investigate the deaths raises wider questions about the terms of reference of the Mother and Baby Homes Commission

An unmarked grave for non-perpetuity at St Finbarr’s Cemetery, Cork. An ‘Irish Examiner’ investigation last month revealed infant burials as late as 1990 in unmarked graves in the Cork City cemetery. Picture: Eddie O’Hare

WHEN the Mother and Baby Homes Commission was set up in 2013, the limitations of its terms of reference were well flagged but quickly dismissed.

An Irish Examiner investigation last month revealed infant burials as late as 1990 in unmarked graves in a Cork City cemetery — and has laid these limitations bare.

As a result, the Department of Children and Youth Affairs is unable to answer a very straightforward question in relation to these burials namely: Will all of the burials discovered in the three plots be investigated?

On the face of it, it seems the obvious answer is yes. All of these children are representative of the cohort of infant deaths that the commission is charged with investigating. They were all born to unmarried mothers, were destined for adoption, died, and were buried in unmarked graves.

All but one of the deaths are in plots owned by a formerly State-accredited adoption agency — St Anne’s Adoption Society, which closed in 2003 — and by the St Patrick’s Orphanage, which operated as a nursery for St Anne’s Adoption Society. Neither institution is listed as institutions under the commission’s remit.

However, of the 21 infant deaths uncovered during the Irish Examiner investigation, just five of those children were linked to an institution which falls under the remit of the commission: Bessborough Mother and Baby Home.

While all of the deaths are indicative of the same issue, involve the same cohort of women and their children, the same lived experience, only the five that are linked to a mother and baby home which is under investigation can be examined.

The Irish Examiner raised this point with the department and asked if it would seek to extend the commission’s terms of reference to include St Anne’s Adoption Society.

In response, the department simply restated the commission’s terms of reference, pointing out that it is “required to investigate the relationships between mother and baby homes and other key institutions and organisations — these include children’s homes; orphanages; and adoption societies”.

It stated that it was, therefore, “not accurate” to suggest that St Anne’s Adoption Society was outside the terms of reference. However, in the next breath it stated that the deaths can be examined “in so far as they relate to the children who were resident for a time in the named institutions”.

As a result, the department said it had “no plans” to further extend the terms of reference of the commission.

Of course, this is the very point that was put to the department in the first place.

Outside of the five burials linked to Bessborough, none of the other children in these plots were resident in a named institution. Yet they are part of the very same system and the very same cohort of people that the commission is investigating.

However, according to the terms of reference as stated by the department, they are excluded as they do not relate to a listed mother and baby home.

The Irish Examiner then put a direct follow-up question to the Department of Children: Will the commission investigate all of the burials in the St Anne’s Adoption Society and St Patrick’s Orphanage society plots?

It responded by stating it was “not in a position to address the question raised” as it does not hold the records of the specific adoption society or burial plot.

The Irish Examiner then offered to provide the information confirming the accuracy of its investigation — and confirmed via Cork City Council, Tusla, and through accessing birth and death certificates in the General Registration Office.

The department replied within eight minutes advising to “contact the commission directly”.

The same question had already been put to the commission.

A response was issued eight days later: “The commission has advertised for people to come forward to provide any information about burials from Bessboro. We are following all possible leads. We do not announce our intentions in advance in respect of any aspect of the investigation.”

Bessborough

In preparation for the investigation, the Irish Examiner sought to confirm a number of details pertaining to the deaths with Tusla — which holds the records for St Anne’s Adoption Society. After examining the relevant records, it responded to these queries the following month.

However, the Tusla press office also advised that, in future, it would be “most appropriate for further queries of this nature to be submitted via the FoI process which is more suitable for queries as extensive as this”.

However, when the Irish Examiner sought the relevant material under FoI following publication, Tusla refused the requests, stating that the material predates the commencement of the FoI Act, known as the “effective date”.

This reasoning had been used to refuse a previous request by this newspaper and failed on appeal to the Office of the Information Commissioner. It had never previously been used by Tusla in relation to requests by this reporter for information on mother and baby homes.

All of this serves to highlight the wider problem with the commission and its terms of reference and goes right to the very heart of the Government’s deliberate or wilful ignorance of the issue.

This is a scandal that cannot be limited to examining simply mother and baby homes and issues “in so far as they relate to” mother and baby homes.

You cannot limit the experience of unmarried mothers and their children simply to those women who went through the mother and baby homes system.

The issue is not one of individual institutions but rather one of how unmarried women and children were treated in a sprawling network of interlinking institutions, which included registered adoption agencies, private agencies, industrial schools, maternity hospitals, and in many cases private citizens.

Under the current commission, these other institutions are only examined in terms of specific links to mother and baby homes.

That ignores a whole swathe of people and severely limits the inquiry’s capability to investigate the real elephant in the room — that of illegal adoption.

Take the case of Tressa Reeves, for example. The Irish Examiner first wrote about Tressa in 2010.

She was an English woman born to Irish parents. In 1960, at the age of 20, she became pregnant. Unmarried at the time, she was sent to Ireland to stay in a private nursing home in Dublin along with other young women in the same predicament.

She gave birth to her son in 1961 and baptised him alone in her room.

She called her son André because she felt the name would be unusual enough that she would be able to find him again. Just hours after giving birth, he was placed in the care of a religious-run adoption agency, St Patrick’s Guild in Dublin.

In its offices, she signed consent forms which, she presumed, would allow for her son to be legally adopted.

However, in 1997, more than 30 years later, she discovered the agency had allowed for her son to be illegally adopted. In short, a couple seeking a child was given the baby boy by the agency to register as if he was born to them. No formal adoption order was ever made.

It took another four years for St Patrick’s Guild to inform Tressa that André’s birth was falsely and illegally registered through the nursing home where she gave birth.

This had the effect of removing all legal evidence that Tressa ever had a child and was done without her knowledge or consent. Her son would have no idea that he was even adopted.

Even though the Adoption Act of 1952 was introduced to ensure such activity did not occur, St Patrick’s Guild

admitted to Tressa that it allowed other children to be placed in the same way, including another boy to the same family that took André.

Despite this, St Patrick’s Guild remained a fully accredited adoption agency through the Adoption Authority of Ireland until it closed in 2014.

Tressa’s experience mirrors that of thousands of other women, many of whom went through Ireland’s mother and baby homes. However, because she was not in one of these institutions, her cases and others like hers will not be examined by the commission. The illegal adoption of her son will also not be examined. Both will have to wait for their apology.

Adoption and the scale of illegal adoption is one of the key areas being examined by the commission, but only adoptions linked to the 15 listed mother and baby homes under the terms of reference for the inquiry.

Remarkably, St Patrick’s Guild, which has been making headlines in this regard for decades, is not a listed institution under the terms of reference.

Campaigners have repeatedly called for the agency to be included in the inquiry, but these calls fell on deaf ears in Government.

This was all the more remarkable a decision when the Irish Examiner revealed in April 2015, just two months after the commission was set up, that the Department of Children was informed by the Adoption Authority of Ireland in 2013 that St Patrick’s Guild had knowledge of “several hundred” illegal birth registrations.

The revelation was contained in a note of a meeting between the Adoption Authority and representatives with the department and the General Register Office. “St Patrick’s Guild is aware of several hundred illegal registrations but are waiting for people to contact them; they are not seeking the people involved,” read the note.

“Must consider how revelations of this sort would affect a family unit.”

Given that the department was to set up an inquiry tasked with examining these very arrangements two years later, it seems extraordinary that it would exclude St Patrick’s Guild.

The Government has repeatedly resisted calls by adoption campaigners for an audit of all adoption files held in the State so that the full scale of illegal adoptions and birth registrations can be uncovered.

It has said an audit of adoption records “would yield little useful information”, as there would be “little, if any, supporting information in relation to these arrangements” on the files.

However, a note of a meeting between two nuns from St Patrick’s Guild and representatives of Tusla, also obtained by the Irish Examiner, revealed that with regard to records on illegal birth registrations that the agency held, “full details are available on the majority of cases”.

And year after year, this newspaper has revealed more and more aspects of this scandal — coming directly from these files which have “little useful information” in them.

So whether it is infant deaths or illegal adoption, the mother and baby homes inquiry will only scratch the surface of a scandal.


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