view of the mass grave at Tuam

Government can atone for Mother and Baby Homes Commission shambles by implementing rights obligations

9 June 2021 

The Irish Council for Civil Liberties (ICCL) has said it is now abundantly clear that the Mother and Baby Homes Commission and its report were not fit for purpose. However, the rights body has said that this should not distract government from doing right by survivors – by implementing the redress scheme, providing information to adopted people, and carrying out criminal investigations where necessary.  

ICCL Executive Director Liam Herrick said:  

“It was disappointing that from the outset Government ignored advice from the Irish Human Rights and Equality Commission (IHREC) that the Mother and Baby Homes Commission take a human rights approach to its work. A review of why that and subsequent poor decisions were taken may be helpful but should not distract from the real and pressing rights obligations on the State now. Those include the urgent need to respect and vindicate the right to information and the truth, the right to guarantee of non-repetition, and the right to compensation.” 

The Adoption (Information and Tracing) Bill 2021, which proposes to give adopted people access to their birth certs, is due to come through Oireachtas Committee stage soon. This Bill has broad support from adoptees and should be prioritised and improved to ensure that survivors’ right to information and the truth is vindicated.  

The Certain Institutional Burials Bill, which proposes to allow investigations at sites where inappropriate burials may have taken place, is also progressing through the Oireachtas. Thorough investigations, and criminal sanctions where necessary, would vindicate the right to truth and the right to guarantee of non-repetition. ICCL has made suggestions for improving this Bill so that it better complies with Ireland’s human rights obligations.  

The redress scheme which the government has proposed is not dependent on any findings from the Commission. Government should progress it as quickly as possible given the age profile of many of the survivors.  

Grave errors which have compounded the suffering of survivors have been made by the government and the Mother and Baby Homes Commission. These mistakes should be reviewed but any such review should not interfere with the above processes.  

ENDS/ 

The Irish Council for Civil Liberties (ICCL) is Ireland’s oldest independent human rights campaigning organisation. We monitor, educate and campaign to secure human rights for everyone in Ireland. 

For comment: Liam Herrick 

For media queries: sinead.nolan@iccl.ie