Northern Ireland

Mother and baby homes: Law to ensure key birth documents are preserved 'must be made soon'

The former Marianvale mother and baby home in Newry. Picture by Niall Carson, Press Association
The former Marianvale mother and baby home in Newry. Picture by Niall Carson, Press Association The former Marianvale mother and baby home in Newry. Picture by Niall Carson, Press Association

SURVIVORS of of mother and baby homes and Magdalene Laundries have said legislation to preserve key records must be agreed as soon as possible.

Amid uncertainty at Stormont, Health Minister Robin Swann and Sinn Féin MLA Linda Dillon had tried to get new clauses which would ensure the preservation of documents to be added to the Adoption Bill passing through the assembly.

However, the amendments to the bill were not selected for debate.

Mr Swann is looking at whether he can bring a private member's bill on the issue but told the assembly earlier this week that it would be "extremely challenging" to get any legislation passed before the May elections.

Campaigners have frequently emphasised that any birth or other documents, many of which are held by the religious orders who ran some of the homes, must be preserved.

Campaigner Adele Johnstone, from Birth Mothers and their Children for Justice, said the records are hugely important.

"They (the assembly) did pass the amendment for access, which will help, but if there are no documents to access then where are we?" she said.

"We need those documents for the panel and the inquiry. We have people who have been trying to get their documents for years."

Ministers agreed in November to establish a public inquiry into the institutions after a long-awaited report, published in January last year, revealed that more than 10,000 women and children, including rape and incest victims and a girl as young as 12, were sent to mother and baby homes.

The executive also agreed that a non-statutory independent panel will be set up, whose investigations will feed into the statutory public inquiry.

At a meeting yesterday, Executive Office officials told campaigners that work to draw up legislation on a compensation scheme for survivors can continue in the absence of the executive.

Survivors had hoped that interim redress payments would be made within months.

However, no legislation can be passed or payments made until a full executive is in place.

Finance Minister Conor Murphy told the assembly earlier this week that he cannot proceed with a draft three-year budget for Northern Ireland in the absence of an executive.

"If there is no budget there is no budget for a redress scheme," Ms Johnstone said.

Civil servants are also seeking legal advice on whether they can launch a campaign to recruit members of the independent panel without ministerial approval.

Solicitor Claire McKeegan, of Phoenix Law, said survivors are "facing uncertainty and potential for further delays".

She said it was "hugely disappointing" that the preservation of records could not be included in the Adoption Bill.

"It was clear that there was support across the parties for this addition to the bill which would preserve records relating to birth mothers and their children," she said.

"That has not happened in this mandate but this must go through at the earliest juncture."