'Change in attitude must follow State's concession' in mother and baby homes case
The court declared that eight survivors including Philomena Lee (pictured), Mary Harney, Mari Steed, Madeleine Bridget Marvier, Mary Isobelle Mullaney and others not identified publicly were denied fair procedures by the State’s Mother and Baby Homes Commission of Investigation which operated between 2015 and 2021. File photo: Mark Stedman/Photocall Ireland
The State has acknowledged in the High Court that the rights of nine former residents of mother and baby homes were breached by the failure to provide them with a draft copy of the report by the Commission of Investigation into the homes prior to is publication.
The court had heard the actions of Philomena Lee and Mary Harney, who were chosen as test cases to address a core claim in nine similar actions.
The State has consented to a court declaration that the Commission breached its statutory duty under section 34 of the Commissions of Investigation Act 2004, by failing to provide each of the applicants, who are identifiable in the report, with a draft before the final report was submitted to the Minister for Children.
An acknowledgement by the Minister that each of the women do not accept sections of the report serve as “true and full reflection” of the evidence given will be published alongside the report online and in the Oireachtas library.
Chief Commissioner of the Irish Human Rights and Equality Commission, Sinéad Gibney, said the case should never have needed to be taken.
She paid credit to the "strength and resilience" of the women who fought "to see their accounts accurately told, and to vindicate their right to truth and dignity".
Michael Lynn SC, for the women, told the court on Friday that the State was also agreeing to pay the women’s legal fees.
The court had been due to hear further submissions from both parties before the court was to give its judgment. Mr Justice Garrett Simons said it was always more satisfactory when an agreement could be reached between parties He noted that the case had raised “very important and very significant issues”.
Both Ms Lee and Ms Harney had claimed in their actions that they were readily identifiable within the final report, despite not being named, and they submitted this triggered a requirement under section 34 for them to be provided with a draft copy of the report so they could make submissions on it, including the treatment of their evidence.
As the commission has been dissolved, the challenges were brought against the Minister for Children, the Government, Ireland and the Attorney General, who had initially denied their claims.
In a significant development, the High Court has declared that the Mother and Baby Homes Commission of Investigation treated survivors unlawfully.
The finding means that the commission report no longer stands as a credible record, according to survivors who took the case, and the Clann Project.
The Government will not be appealing the High Court's declaration that the survivors were wrongly refused their statutory right to reply to a draft of the Commission’s findings. This right was afforded to the religious orders and other alleged wrongdoers.
The court declared that eight survivors including Philomena Lee, Mary Harney, Mari Steed, Madeleine Bridget Marvier, Mary Isobelle Mullaney and others not identified publicly were denied fair procedures by the State’s Mother and Baby Homes Commission of Investigation which operated between 2015 and 2021.
Speaking after the declaration, Ms Harney said survivors campaigners now have been "vindicated," as it demonstrates that the Commission of Investigation "failed in its statutory duty to witnesses and that the Government is not willing to stand over its work".
She said the court's conclusion is a step towards justice for all of the women and children incarcerated in the Mother and Baby Institutions and separated from each other, and for those of us who were boarded out to abusive guardians.
Ms Lee, now 88, said: "The Commission of Investigation failed in its duty to impartially and fairly investigate and establish the truth. This has been confirmed by the High Court’s declaration today."
The Clann Project has now called on the Government to "drastically amend" the redress scheme and extend redress to formerly ‘boarded out’ children.
Today’s High Court declaration will appear alongside the Commission’s Final Report on the Government website and it will be deposited for permanent preservation in the Oireachtas Library alongside the Commission’s Report.
The Government will also list online and in the Oireachtas Library all paragraphs in the Commission’s Report which the survivors' High Court actions claimed did not accurately reflect their testimony.
A statement released on behalf of Children's Minister Roderic O'Gorman said he has always recognised and accepted the concerns of some survivors about the final report and this written statement formalises that acknowledgement.
The Minister is to set up a "new mechanism" for any survivor of Mother and Baby and County Home Institutions who may wish to come forward voluntarily with a view to having their personal account formally recognised as part of the official record of the history and lived experience of these institutions.
"This is intended to address the concerns and disappointment expressed by some survivors regarding how the personal accounts they gave to the Commission’s Confidential Committee were treated.
"This process will feed into Government’s broader work in the area of memorialisation, and it is hoped that the outcome will form the heart of a National Memorial and Records Centre."
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