Lawyers concerned over criteria of possible redress scheme as many would be excluded
LAWYERS working with former residents of mother and baby homes are to seek engagement with the Government amid concerns over the parameters of a proposed redress scheme.
The Government committed to a “bespoke ex gratia restorative recognition scheme” following the publication of the final report by the Mother and Baby Homes Commission of Investigation.
The report suggested previous compensation models for residential institutions and Magdalene laundries could respectively be used for children born in such homes, and mothers. However, concerns have already emerged over the potential shape of such schemes as not all residents would be compensated under the Commission’s proposals.
The Commission said women who entered mother and baby homes following the introduction of the Unmarried Mother’s Allowance in 1973 did not have a case for financial redress.
It also said redress did not arise in five of the 18 homes examined as children were not resident there without their mothers.
Coleman Legal Partners, a
Dublin law firm dealing with 70 former residents of mother and baby homes, said it would be contacting clients for feedback on the report which it will then convey to the Government.
One of its solicitors, Norman Spicer, said an immediate issue arising from the report was that redress for certain time periods and certain institutions was not being recommended by the Commission.
“Certainly, it is concerning that there are already what appear to be significant limitations being put on the parameters of any possible redress scheme,” he said.
KRW Law, a Belfast firm representing around a dozen former residents, questioned the 1973 cut-off suggested by the Commission.
Partner Kevin Winters said there was “no logic” to the suggested exclusion.
The firm also described the work of the Commission as “a lost opportunity” and said there was a need for wider investigation, including a “thematic” inquest into the deaths of children at the Bon Secours Mother and Baby Home in Tuam, Co Galway.
In a statement, the Government said an inter-departmental group would design proposals in relation to financial redress.
A redress scheme is thought to be the best chance former residents have of receiving financial recognition for the appalling treatment meted out to unmarried mothers and their children.
A test case by a former resident of St Patrick’s Mother and Baby Home on the Navan Road in Dublin is currently before the courts.
However, other former residents have not pursued individual legal actions due to the passage of time and the statute of limitations.
As well as financial compensation for certain former residents, the redress package will contain counselling supports and enhanced medical cards for former residents. Both measures were recommended by the Commission.
The Commission also raised the possibility of an ex gratia payment being made to children who inherited farms from their foster family after being fostered out of mother and baby homes. These people had to pay taxes for which birth and adopted children are not liable.
The Government said the recommendation would be explored by the Department of Finance and the Department of Children.
The Commission’s report said it recognised that it is not possible to provide financial redress for all the wrongs that occurred and that it could be argued that it is unfair for the present generation to pay for the wrongs of earlier generations.
However, it said the State had an obligation not to discriminate between people in similar situations and had awarded financial redress in the past to a number of groups.