Ireland Case No. 28649Unlawful procedure (denial of fair procedure to witnesses)
High Court finds mother and baby homes commission denied fair procedure
Eight women, led by 88-year-old Philomena Lee and 72-year-old Mary Harney, sought judicial reviews of the final report of the Commission of Investigation into Mother and Baby Homes, claiming the commission denied them fair procedure by not providing a draft of its findings. The High Court heard two lead cases before Mr Justice Garrett Simons on 17 and 18 November 2021, with the State opposing the challenge. In December 2021, the High Court declared the commission acted unlawfully by denying survivors their statutory right to reply to a draft of its findings. The Irish Government decided not to appeal the decision.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court13 Jul
7 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- Eight women sought judicial reviews of the final report of the Commission of Investigation into Mother and Baby Homes, claiming the commission denied them fair procedure by not providing a draft of its findings.
- Philomena Lee, 88, living in England, was sent to the Sean Ross Abbey Mother and Baby Home in Roscrea, Co Tipperary, in 1952 after becoming pregnant at age 18, and her son was sent for adoption by a US couple when he was three.
- Mary Harney, 72, was born in the Bessborough Mother and Baby Home in Cork in 1949 and claims the commission omitted evidence she gave about abuse and neglect while boarded out between 1951 and 1954.
- Mari Steed was born in the Bessborough Mother and Baby Home, Cork, in 1960, adopted by a family in 1961, and claims her rights were damaged by being subject to the Quadrivax vaccine trial.
- Mary Isobelle Mullaney, of Blackrock, Co Dublin, was born in the Sean Ross Abbey home in March 1965 and claims the report gives an inaccurate impression she was unhappy with her adoptive parents.
- Charges
- The women claim the commission was required under section 34 of the Commission of Investigation Act 2004 to provide them with a draft report so they could make submissions, and that their constitutional and European Convention rights were breached.
- In court
- The cases were brought against the Minister for Children, the Government, Ireland and the Attorney General, and were adjourned to 27 July 2021 before being heard by Mr Justice Garrett Simons on 17 and 18 November 2021.
- The State opposed the action, with Senior Counsel Eoin McCullough arguing that a strict interpretation of the legislation meant draft findings need only be sent to those against whom allegations of wrongdoing are made.
- Sentence
- The High Court declared the commission acted unlawfully by denying survivors their statutory right to reply to a draft of its findings, and the Irish Government decided not to appeal.
- Other details
- Philomena Lee's 50-year search for her forcibly adopted son was documented in the 2013 film Philomena, directed by Stephen Frears and starring Judi Dench and Steve Coogan.
70 statements extracted from the articles
- whatPhilomena Lee was sent to the Sean Ross Mother and Baby Home in Roscrea when she was aged 18 after becoming pregnant. (offalyexpress.ie)
- whatEight women are seeking judicial reviews of the final report of the Commission of Investigation into Mother and Baby Homes. (offalyexpress.ie)
- whatPhilomena Lee's life was the subject of a book by Martin Sixsmith and a film directed by Stephen Frears starring Judi Dench and Steve Coogan. (offalyexpress.ie)
- whatMary Harney was born in the Bessborough Home in Cork in 1949. (offalyexpress.ie)
- whatMary Harney claims the Commission should not have omitted evidence of abuse and neglect while she was boarded out between 1951 and 1954. (offalyexpress.ie)
- whatMari Steed was born in the Bessborough Mother and Baby Home, Cork, in 1960 and adopted by an American family in 1961. (offalyexpress.ie)
- whatMari Steed says her rights were damaged by being subject to the Quadrivax vaccine trial while in the Bessborough Mother and Baby Home. (offalyexpress.ie)
- whatPhilomena Lee, 88, living in England, claims sections of the report do not accurately reflect her evidence to the commission. (rte.ie)
- whatHer son was sent for adoption by a US couple when he was three years old. (rte.ie)
- whatMs Lee says she is readily identifiable in the commission's report despite not being named. (rte.ie)
- whatMs Lee says her Constitutional rights and rights under the European Convention have been breached. (rte.ie)
- whatMs Lee had not been invited to give oral evidence to the commission but had submitted a sworn statement. (rte.ie)
- whatHer sworn statement detailed how she was sent to Sean Ross Abbey when seven months pregnant and was forced to work for six days a week in the laundry. (rte.ie)
- whatThe second lead case is being taken by 72-year-old Mary Harney, born in the Bessborough Home in Cork in 1949. (rte.ie)
- whatMs Harney claims the commission omitted evidence she gave about abuse and neglect between 1951 and 1954. (rte.ie)
- whatThe two lead cases address a core claim in nine separate but similar actions concerning section 34 of the Commission of Investigation Act 2004 (irishtimes.com)
- whatBoth women say they are readily identifiable in the final report despite not being named (irishtimes.com)
- whatThe women are seeking to quash parts of the final report (irishtimes.com)
- whatPhilomena Lee was sent to the Seán Ross mother and baby home in Co Tipperary in 1952 after becoming pregnant at age 18 (irishtimes.com)
- whatHer son was sent to a US couple for adoption in 1955 when he was aged three (irishtimes.com)
- whatMs Lee testified she was told by a nun her son was going to be adopted and told to sign a form without time to read it, which relinquished her rights to her son (irishtimes.com)
- whatMs Lee testified that girls who ran away from Seán Ross were returned by gardaí (irishtimes.com)
- whatMs Harney gave evidence that conditions in the home were harsh and she was made to cut the lawn with a pair of scissors (irishtimes.com)
- whatMs Harney was boarded out between 1951 and 1954 (irishtimes.com)
- whatPhilomena Lee's son was sent for adoption by a US couple when he was three years old. (rte.ie)
- whatPhilomena Lee claims she is readily identifiable in the commission's report despite not being named. (rte.ie)
- whatPhilomena Lee says her constitutional rights and rights under the European Convention have been breached. (rte.ie)
- whatMary Harney says the commission should not have omitted evidence she gave of abuse and neglect while boarded out between 1951 and 1954. (rte.ie)
- whatPhilomena Lee had criticised the report for its findings on pain relief in childbirth, where she had told the commission it was deliberate policy to withhold pain relief. (rte.ie)
- whatThe report found that pain relief was often not given to women in childbirth both in the homes and in public hospitals. (rte.ie)
- wherePhilomena Lee was sent to the Sean Ross Abbey Mother and Baby Home in Roscrea, Co Tipperary, when she became pregnant aged 18. (irishtimes.com)
- whereAt the age of 18 she was sent to the Sean Ross Abbey mother-and-baby home in Roscrea in Co Tipperary. (rte.ie)
- whereAt the age of 18, Philomena Lee was sent to the Sean Ross Abbey mother-and-baby home in Roscrea, Co Tipperary. (rte.ie)
- chargeMari Steed claims her rights were damaged by being subject to the Quadrivax vaccine trial while in Bessborough. (irishtimes.com)
- chargeMary Isobelle Mullaney claims the report gives an inaccurate impression she was unhappy with her adoptive parents. (irishtimes.com)
- courtThe seven cases were adjourned to 27 July 2021 by Mr Justice Garrett Simons. (irishtimes.com)
- courtThe parties are in correspondence about identifying lead cases to determine core issues in all seven cases. (irishtimes.com)
- courtThe cases are brought against the Minister for Children, the Government, Ireland and the Attorney General. (irishtimes.com)
- courtOrders preventing identification of some of the applicants have been made. (irishtimes.com)
- courtThe two test cases are set to be heard by the High Court on November 17 and 18. (offalyexpress.ie)
- courtThe challenges are against the Minister for Children, the Government, Ireland and the Attorney General. (offalyexpress.ie, rte.ie)
- courtThe High Court began hearing a challenge aimed at quashing parts of the final report of the Mother and Baby Homes Commission of Investigation. (rte.ie)
- courtThe case continues the following day. (rte.ie)
- courtMr Justice Garrett Simons has begun hearing two lead cases in the High Court (irishtimes.com)
- courtThe challenges are brought against the Minister for Children, the Government, Ireland and the Attorney General (irishtimes.com)
- courtThe State opposed the action taken by Philomena Lee in the High Court. (rte.ie)
- courtSenior Counsel Eoin McCullough made submissions on behalf of the State on the second day of the case. (rte.ie)
- courtThe court was hearing two lead cases from a total of nine similar actions. (rte.ie)
- courtThe case was expected to conclude on 18 November 2021 and Mr Justice Simons will deliver judgment at a later date. (rte.ie)
- courtMr McCullough argued that a strict interpretation of the legislation meant draft findings need only be sent to those against whom allegations of wrongdoing are made. (rte.ie)
- courtThe High Court found that the rights of former residents of mother and baby homes were breached. (tipperarylive.ie)
- courtThe breach was through failure to provide survivors with a draft copy of the report before publication. (tipperarylive.ie)
- courtThe High Court declared the commission acted unlawfully by denying fair procedure to survivors. (longfordleader.ie)
- courtThe Irish Government decided not to appeal the decision. (longfordleader.ie)
- courtThe commission denied survivors their statutory right to reply to a draft of its findings. (longfordleader.ie)
- otherPhilomena Lee is 88 years old and living in England. (irishtimes.com, rte.ie)
- otherPhilomena Lee's son was sent for adoption by a US couple when he was aged three. (irishtimes.com, offalyexpress.ie)
- otherPhilomena Lee's evidence was that she was not given any time to consider a document which relinquished her rights to her son. (irishtimes.com)
- otherMari Steed is of Virginia, US, born in the Bessborough Mother and Baby Home, Cork, in 1960 and adopted by an American family in 1961. (irishtimes.com)
- otherMary Isobelle Mullaney is of Blackrock, Co Dublin, born in the Sean Ross Abbey home in March 1965. (irishtimes.com)
- otherThe Commission's findings included there was no evidence for the opinion of some women their consent to adoption was not full, free and informed. (irishtimes.com)
- otherThe court will hear two lead cases from a total of nine similar actions. (rte.ie)
- otherThe State will continue to give its evidence on Thursday (irishtimes.com)
- otherBrowne described the report as a deeply flawed document. (tipperarylive.ie)
- otherSurvivors contacted Browne expressing misgivings about how their experiences were portrayed in the report. (tipperarylive.ie)
- otherBrowne said the redress scheme is not fit for purpose and needs serious review. (tipperarylive.ie)
- otherMany mother and baby homes were run by Catholic nuns. (longfordleader.ie)
- otherMary Harney was born in the Bessborough mother and baby home in 1949. (longfordleader.ie)
- otherMary Harney was fostered to an abusive family aged two and a half. (longfordleader.ie)
- otherPhilomena Lee's 50-year search for her forcibly adopted son was documented in the 2013 film Philomena. (longfordleader.ie)
The reporting
newest first- 26 Dec2021High court rules Mother and Baby Homes Commission treated survivors unlawfully
Reports the High Court's declaration that the commission denied survivors fair procedure, the Government's decision not to appeal, and comments from survivors Mary Harney and Philomena Lee.
victim, Mary Harney, female, irish (judged from name)Mary Harneyvictim, Philomena Lee, female, irish (judged from name)Philomena Lee - 20 Dec2021High Court vindication of survivors reinforces flawed nature of Mother and Baby Homes Report - Browne
Political commentary by Tipperary TD Martin Browne on the High Court ruling, highlighting the Sean Ross Abbey connection, calling for implementation of Committee on Children recommendations on the Birth Information and Tracing Bill 2021, and urging review of the redress scheme.
victim - 18 Nov2021State opposes challenge to mother-and-baby report
Reports the State's submissions on the second day of the High Court hearing, including Senior Counsel Eoin McCullough's arguments that the applicants' complaints were largely about substance rather than fair procedure, and details of both lead applicants' claims.
victim, Philomena Lee, 88, female, irish (judged from name)Philomena Leevictim, Mary Harney, 72, female, irish (judged from name)Mary Harney - 17 Nov2021Findings of Mother and Baby Homes report ‘at odds’ with testimony, High Court hears
Reports on the opening of the High Court hearing where counsel for Lee and Harney detailed specific contradictions between the commission's findings and their testimony, and the State's preliminary response arguing the court must have regard for the scale and complexity of the commission's work.
victim, Philomena Lee, 80s, female, irish (judged from name)Philomena Leevictim, Mary Harney, 72, female, irish (judged from name)Mary Harney - 17 Nov2021Court challenge over mother-and-baby home report
Reports the opening of the High Court hearing before Mr Justice Garret Simons, with Senior Counsel Michael Lynn opening for Philomena Lee, Senior Counsel Eilis Brennan for the Irish Human Rights and Equality Commission, and Senior Counsel Eoin McCullough for the State. The case was adjourned to continue the following day.
victim, Philomena Lee, 88, female, irish (judged from name)Philomena Leevictim, Mary Harney, 72, female, irish (judged from name)Mary Harney - 9 Aug2021Roscrea Mother and Baby Home court case will be heard in November
Announces the 17–18 November hearing dates and provides additional detail on the claims, including Philomena Lee's account of not being given time to consider a document relinquishing her rights to her son, and Mary Harney's claim that the Commission omitted evidence of abuse and neglect while she was boarded out between 1951 and 1954.
victim, Philomena Lee, female, irish (judged from name)Philomena Leevictim, Mary Harney, female, irish (judged from name)Mary Harneyvictim, Mari Steed, female, non-irish (judged from name)Mari Steed - 13 Jul2021Court challenges over mother and baby homes report adjourned for two weeks
Reports the adjournment of the seven cases to 27 July 2021, the parties' correspondence on identifying lead cases, and provides specific details of the claims made by Philomena Lee, Mari Steed and Mary Isobelle Mullaney, including Lee's account of being told to sign a document relinquishing her rights to her son without time to consider it.
victim, Philomena Lee, 88, female, irish (judged from name)Philomena Leevictim, Mari Steed, female, irish (judged from name)Mari Steedvictim, Mary Isobelle Mullaney, female, irish (judged from name)Mary Isobelle Mullaney