Churches should ‘do the right thing’ on mother-and-baby home redress, Norma Foley says

Government faces steep legal barriers to compelling orders to contribute to €800m redress scheme, say experts

Legal experts say the Government faces barriers against compelling religious orders to pay into the €800 million State redress scheme, but Minister for Equality Norma Foley has asked Attorney General Rossa Fanning to examine whether such steps can be taken. Photograph: Cyril Byrne/The Irish Times
Legal experts say the Government faces barriers against compelling religious orders to pay into the €800 million State redress scheme, but Minister for Equality Norma Foley has asked Attorney General Rossa Fanning to examine whether such steps can be taken. Photograph: Cyril Byrne/The Irish Times

Minister for Equality Norma Foley has urged the Catholic Church and the Church of Ireland to “do the right thing” on mother-and-baby home redress after years of talks with eight religious bodies ended without a financial contribution in most cases.

“There is an opportunity as I’ve said for the orders to rethink their position,” Ms Foley said.

“Just to say, this reference is not just to the Catholic hierarchy, we’re also talking about the Church of Ireland. We’re talking about many orders and institutions here. It behoves all of us who have a place of responsibility within those orders and institutions to ensure that the right thing is done,” she added.

“The State does not walk away from its responsibility. We have asked the orders to do likewise.”

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Although legal experts say the Government faces steep legal barriers against compelling orders to pay into the €800 million State redress scheme, Ms Foley has asked Attorney General Rossa Fanning to examine whether such steps can be taken.

Some religious orders’ refusal to contribute to mother and baby home redress shows ‘lack of compassion’Opens in new window ]

The talks follow a Commission of Investigation report that examined harm caused to tens of thousands of unmarried women and their children at 14 mother-and-baby homes and four county homes.

The inquiry covered the years 1922-1998, when 112,874 women and children stayed in religious-run homes.

Former trade unionist Sheila Nunan estimated religious groups should bear €267.5 million of the €535 million redress cost for survivors of homes they were involved in.

Ms Nunan’s report shows a €12.97 million cash offer from the Sisters of Bon Secours, which the Government agreed to accept.

The Government separately resolved to consider the offer of a school building from the Daughters of Charity of St Vincent de Paul.

The Sisters of St John of God made a “conditional” offer of a €75,000 donation on the basis that it was not for State redress and not fulfilling “a moral or ethical obligation” towards survivors. Ms Foley did not accept that offer as it was beyond the remit of the talks, saying it was for the order to decide on such a donation.

“The remaining bodies did not offer any contribution,” Ms Foley’s department said.

Ms Nunan reported no offer from five other Catholic and Protestant church bodies: the Good Shepherd sisters; the Sacred Hearts of Jesus and Mary order; the Sisters of Mercy; the Legion of Mary lay order; and the Church of Ireland.

The Church of Ireland has insisted it did not found, own or manage the three Protestant-run homes examined by the commission.

Asked whether that was credible, Ms Foley said: “Generally speaking, these homes had a board of trustees or a board of governors, or whatever.

“So, for example, in relation to Denny House, the guardian there was the archbishop of Dublin or his wife on occasion. So, it’s a matter for each order or institution to put their own case forward, but the evidence is the evidence that’s also available in the report.”

The Good Shepherd order said it had no “ethical or moral reason” to pay. The Jesus and Mary order cited “financial constraints” and an ongoing property transfer to charity.

The Sisters of Mercy said the relevant county homes were “owned, controlled and supervised” by local authorities. The Legion of Mary said they ran a homeless hostel that was not a mother-and-baby home.

Ms Foley said financial redress would never “wipe away” what was endured in the homes. “But it is a step of reparation. It’s an acknowledgment. I think the pope himself has been very clear where he talks about Church and State doing what needs to be done here, so there is clarity there.”

Arthur Beesley

Arthur Beesley

Arthur Beesley is Current Affairs Editor of The Irish Times

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times