Sean Ross Abbey survivor demands action after High Court ruling against minister

The High Court recently found the children’s minister Norma Foley erred in law in not considering adding two homes to the mother and baby homes redress scheme. File picture: Niall Carson/PA

A survivor of the former Sean Ross Abbey mother and baby home has written to the children's minister demanding urgent action following the recent landmark High Court ruling in favour of two survivors of mother and baby homes.

Ann Connolly contacted Norma Foley asking whether the Government intends to respond substantively or take action in light of the court’s decision on the redress scheme.

Judge Alexander Owens found that the children’s minister was wrong in not considering adding two homes to the compensation deal in his recent judgement.

Marie Thornton, who is a survivor of Temple Hill in south Dublin and John Duncan Morris who was in Stamullen in Co Meath had taken the High Court action over being excluded from the redress scheme.

Marie Thornton and John Duncan Morris took their cases to the High Court which ruled that the minister should have considered the two institutions to the redress scheme. 

They are two of an estimated 19,000 survivors excluded from the payment scheme, including those who spent less than six months in homes as well as those who were boarded out.

Campaigners now await the minister’s decision on whether she will appeal the judgment or accept that elements of the redress scheme need consideration.

In her letter, seen by the Irish Examiner, Ms Connolly sets out three detailed areas of concern including:

• Releasing Institutional Records; 
• Further excavation of the burial ground at Sean Ross Abbey; 
• Reform of the redress scheme — particularly the controversial 180-day rule.

She said survivors should not have to wait up to 30 years to access documentation under existing legislation.

She also asked the minister why records remain restricted when inspection reports and findings were already referenced in the Commission of Investigation report.

From neglect to vaccine trials 

In her correspondence, she said those records include evidence of inspections, documented concerns about malnutrition, disease, neglect, and high mortality rates, as well as communications between institutions and Government departments.

Ms Connolly has also raised concerns about vaccine trials carried out on infants in the institutions, asking who authorised pharmaceutical companies to access vulnerable children, and whether the State or religious orders benefited. 

She said: Survivors lived this history, yet we are told we must wait up to 30 years to see it. 

She is also reiterating her calls for an investigation and possible excavation of the Angels’ Plot burial ground at Sean Ross Abbey in Roscrea.

The Commission of Investigation found that 1,090 babies and 23 young girls died at the Tipperary institution, one of the highest death rates recorded among the homes examined.

Ms Connolly said only approximately 10% of the burial ground has been excavated to date.

While remains discovered during a test excavation were found in coffins, she wrote that witness testimony to the Commission indicated that some infants were buried without coffins and in quicklime.

She is seeking a commitment from the minister to conduct a full investigation and, if necessary, a complete excavation of the burial ground so that the remains of children can be identified and their mothers informed.

Ms Connolly also highlighted issues around the 180-day eligibility rule in the redress scheme which excludes them from compensation.

Under the current scheme, survivors who spent fewer than 180 days in an institution receive a lower level of payment, and children who were in institutions for less than 180 days are not entitled to financial redress or enhanced medical support, though they may qualify for counselling.

The Angel's Plot at Sean Ross Abbey. Last November, survivors and families placed candles there to mark World Children's Day — 1,090 to mark each child who died at the site, and 23 more for each of the mothers who died there. Picture: Facebook

Ms Connolly told the minister that trauma “does not suddenly begin on day 180”.

In response, the minister’s office said: “The department received this judgement last week and is currently reviewing it in detail. It is, therefore, not appropriate to comment further at this time.

“The judgement does not direct the inclusion of any institution, rather it provides some guidance in interpreting the criteria for the addition of institutions to the payment scheme.”