Legal experts say repudiating mother and baby homes report would not delay redress

The Government does not require a report to roll out an ex-gratia scheme, say experts. File picture: Laura Hutton/RollingNews.ie

Legal experts have strongly dismissed claims that repudiating the mother and baby homes commission report would delay a redress scheme for survivors.

Children's Minister Roderic O'Gorman has claimed the report cannot be set aside as it will form the basis of a redress scheme currently being finalised for those who were resident in these institutions.

However, this has been refuted by campaigners and legal experts who say the Government does not require any report to roll out an ex-gratia scheme. They have accused the minister of using the report as a "smokescreen".

Witness testimony

The Oireachtas Children's Committee has requested that the three members of the commission come before it to answer questions on how witness testimony provided by 550 survivors was treated.

Politicians, survivors, campaigners, and historians believe the report can no longer be accepted by the Government after commission member Mary Daly said that personal accounts heard by the confidential committee were discounted as the inquiry believed they did not meet the "robust legal standards of evidence" needed to be included in the main report.

Mr O'Gorman told the Irish Examiner that repudiating the report would delay the redress scheme, adding that time is critical given the age of many survivors.

"The report is the outcome of a statutory commission of investigation," he said.

He said the report is important to use "as the basis for the redress scheme and for the basis of my engagement with congregations in terms of seeking their contribution to the redress scheme".

"I am just really conscious that survivors want access to that enhanced medical card, they want access to those payments. We had 450 written submissions on the consultation we did on redress and about 180 joined the online consultations and the key theme arising from that was 'most of us are elderly, we want to be able to get access to that'."

But he said the Government would not be completely bound by the commission's recommendations.

'Smokescreen'

However, co-founder of the Clann Project, Maeve O'Rourke, criticised the decision not to repudiate the report and accused the minister of using it as a "smokescreen".

"Previous redress schemes have been ex-gratia; ex-gratia payments are given as a gift, there's never any recognition of illegal wrongdoing," said Dr O'Rourke.

She said various archives contain the details of the 9,000 babies who died in mother and baby homes and other information which could inform any redress scheme.

"The Government is not legally bound to accept any independent report."