Irish Independent

Magdalene girls have already been betrayed – now the State seeks to deny them justice

- Martina Devlin

SINNED against rather than sinners – that’s the State’s formal position regarding women forced into Magdalene Laundries and obliged to work there. Elaborate public breastbeat­ing has taken place: never again would we stigmatise, and financial compensati­on would be offered as proof of good faith.

What, then, are we to make of an arm of the State’s refusal to allow access to restitutio­n in the case of girls who were exploited as cheap labour in the laundries? Forced to work without pay alongside the so-called Magdalenes?

It was “manifestly unfair” of the Department of Justice and Equality to treat them differentl­y, Ombudsman Peter Tyndall told us this week. He finds that a number of women, put to work as girls in the laundries while registered to connected children’s educationa­l institutio­ns, were unjustly excluded from claiming restitutio­n.

Instead of accepting his criticism, the Justice Department is disagreein­g. In a bullish fashion, too. No doubt, it is wary of unintended consequenc­es – floodgates opening. But justice delayed is justice denied. It is a betrayal twice over. Seeking to limit liability in the case of these misused girls is weasel behaviour.

If someone has been injured by the State, it is an additional wrong to obstruct access to a restorativ­e justice scheme set up to try to make some amends. The decision to deny them was taken by an organ of our State in our name.

We are not talking about a level of expenditur­e that would beggar the Exchequer. The proposed new National Children’s Hospital in Dublin has a price tag of more than €1bn. Luas cross-city is estimated to cost €368m. As for the new Central Bank headquarte­rs, it comes in at around €140m. Under the circumstan­ces, the sums of money to compensate Magdalene Laundry workers are modest.

To date, restorativ­e justice has led to payments of almost €26m to 684 Magdalene survivors. The figure is well shy of original Government estimates whereby between €34.5m and €58m would be due to roughly 1,000 women. Many of the Magdalene women are dead, of course – and the survivors tend to be elderly. The women denied compensati­on in this case are younger – placed in institutio­ns as recently as the 1970s.

The Ombudsman’s report is called Opportunit­y Lost, a pointed title. It resulted from an investigat­ion after 27 women complained they were unfairly denied redress. As girls, these women often worked in the laundries after school and on Saturdays, alongside women deemed eligible for payment under the 2013 Magdalene Restorativ­e Justice Scheme.

The girls were registered with industrial schools or training centres, but lived in the same buildings or convents as older women listed as resident in the laundries. In refusing their applicatio­ns, the Justice Department said they had not lived in one of the 12 institutio­ns covered by the scheme.

“These women have waited long enough for justice,” Mr Tyndall said, adding that it was “impossible to understand” why younger women were refused access to the same redress as older Magdalene workers.

The department would have been well aware of links between the units where the women lived, according to his report. Instead, it ignored practical realities where they all lived on the same site, under the control of the same order of nuns. He found nine women were wrongly refused payments altogether.

These girls – children, in fact – had no choice about working in the laundries. Presumably, they were earning their keep. But the State infringed on their human rights by using them as cheap labour.

They may have been in trouble with the law for relatively minor offences, they may have had no parental supervisio­n or slack oversight. When they were sent to institutio­ns, they found themselves sorting through soiled sheets after school instead of playing. Instead of being allowed to have a childhood.

The restorativ­e justice scheme was intended to promote healing. Senior staff in the Justice Department seem to struggle with the concept. Saving money apparently matters more than justice, let alone reconcilia­tion.

The “real problem” was the department’s narrow interpreta­tion of the rules and its “refusal” to move away from that, says Mr Tyndall. Despite discussion­s between the department and his office, “it has not been possible to resolve the complaints”, a distinctly unsatisfac­tory state of affairs.

FOLLOWING Martin McAleese’s 2013 report on the State’s role in the laundries, then-Taoiseach Enda Kenny made a fulsome apology to the Magdalene women and their families. He spoke on behalf of the Irish people. Let’s pause here to remember his stirring words. “As a society, for many years we failed you,” he said. “This is a national shame.”

Mr Kenny referenced the need for

social justice in his speech. Where is the social justice in denying compensati­on, on a technicali­ty, to girls obliged to work alongside the Magdalenes?

He told the Dáil – he assured the Irish people – that political leaders were trying to ensure we “quarantine such abject behaviour in our past and eradicate it from Ireland’s present and Ireland’s future”.

How decision-makers in the department must have laughed heartily at that undertakin­g. Our homegrown Sir Humphreys must have rolled their eyes and thought ‘not on our watch’. But those civil servants do not act on our behalf, and are out of step with citizens’ wishes.

Amnesty Internatio­nal Ireland’s Colm O’Gorman expresses a more representa­tive view when he says their exclusion has “reinforced feelings of marginalis­ation and hurt”.

“The government’s failure to recognise these women exploited as children is a re-victimisat­ion by the state,” he adds.

Meanwhile, the UN is on the Government’s case. It wants the Government to ensure that any woman put in a Catholic workhouse has the right to sue, even if granted redress already. It accuses the Government of multiple failures: ignoring its call to investigat­e allegation­s of ill-treatment, prosecute abusers or ensure compensati­on for victims.

Justice Minister Charlie Flanagan, at least, has the grace to say he will give “full and careful considerat­ion” to the Ombudsman’s report. Elsewhere, his department is having a spectacula­rly bad week, not only in relation to the laundries but to Garda whistleblo­wers.

From the outset, its handling of informatio­n about Sergeant Maurice McCabe has led to multiple resignatio­ns and a second major inquiry. And still the damage rolls on. Clearly, we are looking at a Government department that stands in urgent need of reform.

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 ??  ?? An undated image of women working in one of the Magdalene Laundries
An undated image of women working in one of the Magdalene Laundries

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