Children exhumed from mother and baby home sites 'may not get coroner's report'

Lists of the names of dead children are among the items placed at the grotto at the site of the Tuam Mother and Baby Home run by the Bon Secours Sisters. Picture: Niall Carson/PA

Serious concerns have been raised that hundreds of children buried on the grounds of former mother and baby homes may not get a coroner's report after they are exhumed.

Department of Children officials privately briefed the children's committee on new legislation to allow for the exhumation of those who died in Tuam mother and baby home.

It is believed that up to 800 babies and children could have been buried in a mass grave on the site after excavations uncovered an underground structure divided into 20 chambers containing “significant quantities of human remains”.

Social Democrats TD and member of the Oireachtas children's committee, Jennifer Whitmore, said she would not regard children in mass graves as having had 'natural deaths'. Picture: Gareth Chaney/Collins

However, a number of concerns were raised around the scope of this legislation and the role of the coroner in any exhumations.

While new laws would allow excavation, exhumation, and re-interment to take place at other former institution sites beyond Tuam, it is understood the committee raised questions around the fact that such sites would have to be deemed inappropriate burial grounds at the time they were used to come under the scope of the legislation. 

Committee members are also concerned this may lead to the disqualification of some mother and baby homes and will be seeking to amend this.

It comes as children's minister Roderic O'Gorman contacted the commission of investigation to establish clarity around the treatment of records of witness testimony.

The Mother and Baby Homes Commission has confirmed it destroyed all recordings of the 550 interviews that were given to the confidential committee, and that no verbatim transcripts of these personal accounts were made.

Mr O'Gorman has also met with the Data Protection Commissioner to discuss this issue, and to ensure robust processes are in place for the management of the commission archive when it transfers to the department.

The site of the unmarked mass burial ground for children who died in the Tuam mother and baby home. Picture: Niall Carson/PA

Separately, the children's committee has written to the commission chair, Judge Yvonne Murphy, asking her to come before it to answer questions.

Committee member Jennifer Whitmore said it is is "unconscionable" that testimony would be destroyed without full transcripts being made.

Ms Whitmore also pointed to the proposed Certain Institutional Burials (Authorised Interventions) Bill 2019 citing difficulties with the role of the coroner in the legislation.

The bill will provide a legal basis to carry out a programme of phased, forensic standard excavation, exhumation, and reinterment of remains at the site of the former mother and baby home in Tuam.

However, Ms Whitmore said she has issues with the legislation as "it seems to override coroners legislation".

"While it provides for exhumation and DNA testing of bodies, there won't be a coroner involved unless there are concerns or evidence that someone died a violent or unnatural death. When we are looking at these institutions and the incredibly high level of mortality amongst babies, I personally wouldn't see them as natural deaths.

"I think it's going to be important that the coroner is involved in this process. It's not just about finding the babies and getting the DNA and enabling families to know where they are. Families will want to know why and how they died and what happened to the babies," Ms Whitmore said.