What Cabinet privately feared on Magdalene Laundries: further inquiries into mother and baby homes and a redress bill

Despite the many pronouncements on the Magdalene Laundries, the State is hugely concerned at the payout it may have to make, writes Conall Ó Fátharta.

FEW people will forget the apology offered by Taoiseach Enda Kenny in February of 2013 on behalf of the State to the women who suffered in the Magdalene Laundries.

He spoke of a “nation’s shame” and of women taking the country’s terrible secret and making it their own.

“But from this moment on you need carry it no more. Because today we take it back. Today we acknowledge the role of the State in your ordeal,” he said.

However, less than two years earlier in June 2011, many members of his Cabinet were determined to distance the State as far as possible from any liability.

A series of cabinet observations on a Department of Justice memorandum for Government seeking permission for the establishment of what eventually became the McAleese Committee reveal a Cabinet concerned about three things — not conceding on the issue of that State liability, calls for further inquiries into issues like Mother and Baby Homes and foster care settings and avoiding a redress bill.

The memorandum seeks approval for the establishment of an inter- departmental committee (later the McAleese Committee) as well as the issuing of a letter to the religious orders providing them with a copy of the November 2010 Irish Human Rights Commission (IHRC) assessment of human rights issues arising in relation to the Magadalene Laundries and the observations of the UN Committee against Torture (UNCAT) and inviting them to make their records available and to enter a restorative justice process with former residents.

Observations provided by a number of ministers express concerns about redress, admitting State liability and, notably, that an investigation into Magdalene Laundries may lead to calls for inquiries into other related issues and instititions like Mother and Baby Homes, psychiatric hospitals and foster care settings.

The observations of then Minister for Education and Skills Ruairí Quinn state that while he supported the approach outlined in the Memorandum, he noted “that there may be demands for enquiries into other situations”.

“Following the publication of the Report of the Commission to Inquire into Child Abuse (the Ryan Report), there were renewed demands for the Redress Scheme to be extended to include other institutions, such as Magdalene Laundries, mother and baby homes, psychiatric hospitals and foster care settings.

“The Government decided against any extension of the arrangments and the Department for Education and skills has circulated a draft Memorandum for Government for observations, which deals inter alia, with the winding-up of the Residential Institutions Redress Board.”

This possibility of demands for other inquiries is noted by then Justice Minister Alan Shatter who states that and his proposal “only deals with the issue of Magdalene insititutions”.

The issue of financial redress is also front and centre in the Ministerial observations.

Mr Shatter is recorded as being “conscious” of the Minister of Finance Michael Noonan’s view that the proposals in the memorandum “would very likely generate pressure for opening up redress.”

However, then minister for public expenditure Brendan Howlin goes even further stating that it should be made clear that no redress would be paid to women, even if the State is found liable.

“In the circumstances the minister accepts the proposals in the memorandum. However, the Minister for Public Expenditure and Reform considers that the issue of possible financial or other redress supported by the Government must also be considered in advance of the measures in the memorandum.

“If this is not done, it is likely that there will be strong immediate public pressure for an agreement in principle to financial redress, which may lead to an open-ended commitment for the Government.

“In view of the severe constraints on public expenditure, the minister proposes that the Government make clear in the press release that it does not have the resources to allow for the establishment of redress measures should they be appropriate in this case.”

The importance of not conceding on the issue of the State’s liability in relation to inspection of the laundries was stressed in the observations of then minister for jobs enterprise and employment Richard Bruton.

“The Minister for Jobs, Enterprise and Innovation wishes to point out that, whether under employment rights or health and safety codes, there neither was, nor is there now any obligation on the State to inspect every workplace. It is clear that the State does not have the resources to inspect every workplace.

“The minister recalls that, in another context, the ex-miners compensation issue, his department was advised by the Attorney General, that the mere fact that statutory regulation exists in relation to a sector does not , of itself, impose any duty of care on the State in relation to the employees of that sector.

“The minister believes that great care should be taken to ensure that this fundamental principle is not conceded by any action or statement of the Government on this issue.”

Mr Bruton also noted “the absence of evidence to support the claims made and no formal complaints have been made to the gardaí.”

“This strongly suggests that it would be unwise, in this case, to depart from the principle that the State is not responsible for alleged tortuous acts by third parties for whom it does not have responsibilities,” state his observations.

The lengthiest observations, however, were provided by the Office of the Attorney General which stressed the “limitations” of the proposed independent committee given its lack of any powers to compel witnesses or procure documents.

“It will need to exercise great care not to make any finding that could reflect on the good name of any person affected. It will not be in a position to make findings in terms of liability, causation, or culpability. These factors will be important in managing the expectations of interested parties.”

The Attorney General also stressed the need to address the possibilty that the planned independent committee may not be seen as objective and that this was an important issue in terms of the “management of expectations”.

“Furthermore, while it is the case that the committee and its work might be perceived as a serious and detailed response by the State, chaired as it will be by an “independent” chairman, we are concerned as to whether it will actually be regarded as ‘objective’ or ‘at arms length’ from any State involvement.”

While these are matters of policy for the department (and indeed for the Government as a whole), this also is an important issue as regards management of expectations. Failure to address these issues can lead to pressure for statutory inquiries and for redress.

The Attorney General also advised the Government that the religious orders were “likely to be suspicious” of any overtures by the State on Magdalene Laundries and that their attitude from a legal perspective “may be robust”.

“The congregations have in the past brought litigation in relation to fair procedures and to protect and vindicate the names of their members and to protect the good names of their congregations as a whole.

“They have both at meetings and in the media felt that they felt ‘bounced’ by the State into redress in respect of residential childhood abuse,” states the AG advice.

On the issue of redress specifically, the AG’s office states that the proposals contained in the memorandum would “very likely generate pressure for opening up redress”.

“We note from the terms of the Memorandum, that to date no form of oppression has been proven against the congregations who ran the Magdalene Laundries. As the department itself comments, the IHRC Report is full of supposition and qualifcations. It falls short of making any factual findings.”

This rather negative view of the November 2010 Irish Human Rights Commission (IHRC) report on the Magdalene laundries taken by the Office of the Attorney General is mirrored by then justice minister Alan Shatter who is recorded as having “serious reservations about the methodology, accuracy and conclusions” of the report.

“The IHRC report is effectively based on allegations put forward by JFM and no effort was made to obtain clarification, information or observations from the State or (apparently) the relevant religious orders on any of the issues raised.”

It is noted that the women involved “have apparently chosen not to make any complaints to the gardaí or to pursue a civil action”.

“There is an underlying presumption that any inquiry will confirm that there were serious abuses and that the State responsibility rather than the religious orders should provide redress.”

Tuam and Bessborough: Government already knew of deaths

The State has said it was horrified by the revelations about the 796 babies buried at Tuam. However, HSE reports into Tuam and Bessborough mother and baby homes had been prepared for the Government two years previously, writes Conall Ó Fátharta

The latest revelations about the Tuam and Bessborough mother and baby homes raise a number of serious questions as to why a State inquiry into the issue was not launched three years ago.

Material obtained by the Irish Examiner shows that the HSE examined both Tuam and Bessborough as part of the Magdalene laundries inquiry in 2012.

What it uncovered was so shocking that senior HSE figures recommended that the minister be immediately informed so that “a fully fledged, fully resourced forensic investigation and State inquiry” could be launched.

However, it would be almost another two years before an inquiry was announced, on foot of the revelations of historian Catherine Corless.

The HSE material directly addresses infant deaths, and records that the nuns had been soliciting money from parents of children that had been discharged or died. Most shocking of all, concern is expressed that almost 1,000 children may have been trafficked from Tuam for adoption, “possibly in the USA”, noting that “this may prove to be a scandal that dwarfs other, more recent issues with the Church and State”.

A separate report on Bessborough, written in 2012, spoke of “staggering” numbers of children listed as having died at the institution. The author of the report says infant mortality at Bessborough between 1934 and 1953 is “a cause for serious consternation”. Curiously, no deaths were recorded after 1953 but 478 children died in this 19-year period — which works out as one child every fortnight for almost two decades.

Perhaps most shocking of all is the view of the report that death certificates may have been falsified so children could be “brokered into clandestine adoption arrangements, both foreign and domestic” — a possibility the HSE report said had “dire implications for the Church and State“.

It is worth noting that the HSE was making such allegations after examining the institution’s own records. The report, which runs to more than 20 pages, notes that these records reveal a culture “where women and babies were considered little more than a commodity for trade amongst religious orders” and that they were “provided with little more than the basic care and provision afforded to that of any individual convicted of crimes against the State”.

The report highlights the “intricacies of Bessborough’s accounting practices”, and that “detailed financial records and accounts were not handed over to the HSE by the Sacred Heart Order”.

We also learn of the nuns’ “preoccupation with material assets” and “preoccupation with materialism, wealth, and social status”, and that the women provided “a steady stream of free labour and servitude”. The nuns also received “financial renumeration” for the children of these women.

With regard to the money made by the order both via adoption and by making natural mothers pay for their care, the report specifically states that “further investigation is warranted into these practices”.

Thus it was that, in 2012, while preparing material for the McAleese investigation into Magdalene laundries, two separate HSE reports noted the issue of infant deaths at both Tuam and Bessborough. One noted that almost 500 children died in Bessborough in less than 20 years.

Both reports mentioned the possibility that children had been trafficked for adoption with one speculating that it was possible that death certificates were falsified so children could be “brokered” for adoption.

Both mentioned that these issues needed to be investigated as a matter of urgency; one was so concerned about the implications of what was located at Tuam that it recommended the minister be informed immediately so that a State inquiry could be launched.

It also noted the possibility that up to 1,000 children may have been trafficked from the Tuam mother and baby home, which could “prove to be a scandal that dwarfs other, more recent issues with the Church and State”.

None of the concerns are mentioned in the McAleese report. However, the issue of mother and baby homes was outside of its terms of remit.

In that report, Martin McAleese points out that the committee uncovered material that was, “strictly speaking, outside its core remit” but that he was happy to include it “in the public interest”. He said some of this material “may challenge some common perceptions” about Magdalene laundries.

The ‘Report of the Inter-Departmental Group on Mother and Baby Homes’, published by the Department of Children and Youth Affairs in July 2014, also failed to mention any of these concerns.

The Department of Children and Youth Affairs said neither it nor the minister were made aware of the concerns at the time but that the issues were being discussed in the context of the McAleese report, which was conducted under the auspices of the Department of Justice.

It stated that the minister became involved in the issue once material around infant deaths in Tuam became public in mid-2014, and launched a commission of inquiry on foot of these revelations.

The Irish Examiner reported at the time of the State apology to the Magdalene women that the Government may have been fearful that mother and baby homes would be next.

This newspaper has frequently speculated that the elephant in the room on such issues is the spectre of forced and illegal adoptions.

When, thanks to the tireless work of Ms Corless, the world was made aware around this time last year of the 796 babies that lay forgotten in Tuam, the Government expressed horror at the revelations.

The then children’s minister, Charlie Flanagan, told the Dáil that the deaths brought the horrors of the mother and baby homes to the attention of the Government, as the issue had not featured prominently before then.

“The revelations in Tuam, Co Galway, have brought to the fore the situation in other mother and baby homes throughout the country,” said Mr Flanagan. “The practices in mother and baby homes have to date not featured prominently in the various reviews and investigations which have dealt with many of the past abuses which were inflicted on vulnerable citizens, many of them women and children.”

However, we now know that the State had known about both Tuam and Bessborough for nearly two years. The HSE had investigated both institutions in 2012 when it was examining the health authorities’ interaction with the Magdalene laundries.

Just last month, the Department of Children reiterated its belief that an audit of adoption records to ascertain the scale of illegal and forced adoption that occurred here “would yield little useful information”, as there would be “little, if any, supporting information in relation to these arrangements” on the files.

This statement was issued in response to revelations that the department was told by an Adoption Authority of Ireland (AAI) delegation in June 2013 that one adoption agency, St Patrick’s Guild, had “several hundred” illegal birth registrations on its books. The agency holds 13,500 adoption files — one quarter of all adoption files in the country. The AAI speculated that the number of illegal adoptions may run into thousands.

This latest material shows that the HSE was raising extremely disturbing issues around infant deaths and the possible trafficking for the purposes of adoption relating to Tuam and Bessborough one year earlier again, in 2012.

These concerns were raised on examination of the very files that the department continue to feel are not worth auditing.

Adoption support groups have repeatedly said the Government refuses to order such an audit because it fears what will be found. Given what the HSE found way back in 2012, this may well be the case.

We finally have an inquiry into the scandal of mother and baby homes. It’s not before time. It was launched because the Government had no option — an international media storm about the Tuam revelations made sure of that.

We now know it could have and should have been launched earlier — almost two years earlier.

http://www.irishexaminer.com/ireland/special-investigation-government-already-knew-of-baby-deaths-334260.html

Vaccine trial victim to lodge complaints over altered files

One of the victims of the Bessborough vaccine trial is to make a formal Garda complaint after it emerged files were altered in 2002.

On Tuesday, the Irish Examiner revealed the files of mothers and children used in the 1960/61 4-in-1 vaccine trial were altered in 2002 — just weeks after the Commission to Inquire into Child Abuse sought discovery of records from the religious order running the home.

Mari Steed was born in Bessborough in 1960 and subsequently adopted in the US. Her natural mother’s file is one of those listed as having been changed. She plans to make a formal complaint to the gardaí and Data Protection Commissioner.

“Now that it’s been confirmed the information in my file has been altered, I feel I have an obligation to make both a Garda and data protection complaint. How many other files, not even relevant to the vaccine trials, may have been altered? People have a right to know this. I am awaiting legal advice on jurisdiction for the Garda filing and then will make both complaints as soon as possible,” she said.

Ms Steed also said Tusla, which now holds the records, had “an ethical, moral, and public interest” in contacting all of the people it can confirm were part of a trial.

The Irish Examiner put a series of questions to the Sisters of the Sacred Hearts of Jesus and Mary in relation to the document. It declined to answer any of them.

A statement from Ruairí Ó Catháin solicitors, representing the order, stated it had “no immediate knowledge of any specific event” concerning alterations made to records.

In a separate statement, the order said it wished to “categorically state that no documents were altered” and that it would deal with the Mother and Baby Homes Commission of Investigation on all such matters.

Material obtained  under Freedom of Information shows that changes were made to the records of mothers and children used in the 1960/61 4-in-1 vaccine trials.

The Commission to Inquire into Child Abuse (CICA) had sought discovery of the records from the Sisters of the Sacred Heart of Jesus and Mary on July 22, 2002. An affidavit was sworn on October 3, 2002, and on a number of later dates in 2002 and 2003.

The document listing the changes opens with: “8.8.02 Checked the 20 files.” This is immediately followed by: “9.8.02 Made the changes.” The changes made to files Nos 5, 8, 11, 12, and 15 to 20 are then detailed.

 

The changes include:

  • The alteration of discharge dates of mothers (by a period of one year and two years);
  • The changing of discharge dates of children;
  • The changing of admission dates of mothers;
  • The alteration of the age of a mother (by two years);
  • The alteration of dates of adoption;
  • The changing of baptism dates and location of baptism;
  • The insertion of certain named locations and information into admission books.

Tuam and Bessborough: Houses of horror

The Tuam mother and baby home should not be treated as an individual scandal, but as part of a national trafficking network that commodified people, says Conall Ó Fátharta.

 

The women and children in Bessborough’s care were ‘considered little more than a commodity for trade amongst religious orders’.

 

“This may prove to be a scandal that dwarfs other, more recent issues with the Church and State…”

There’s that word, “scandal”, again. As a nation, we don’t tire of hearing it.

That time it was used by senior management in the HSE, in 2012, in relation to the contents of an archive of the Tuam mother and baby home, two years before the Tuam babies scandal broke. It wasn’t the first time the word was used in relation to mother and baby homes and the horrors they hold.

Seventy years earlier, the same word was used by parliamentary secretary to the then minister for local government and public health, Dr Con Ward, in relation to an 82% infant death rate at the Bessborough Mother and Baby Home. That rate had been reported to state inspectors.

Two things are instructive. Not only has the State known for decades about this issue, but it is impossible to look at Tuam, or mother and baby homes, in isolation. Yet, that is exactly how this issue is playing out.

First, there is a scandal. Then there is an outcry. Then, there is an inquiry, but a limited one.

Focus on the narrow and ignore the broader picture. It’s a well-worn path.

Instead of examining the bigger picture of how unmarried women and children were treated in a sprawling network of interlinking institutions, private agencies and individuals, we compartmentalise.

We treat the Magdalene Laundries, and then the mother and baby homes, as if they are distinct entities, instead of as part of the same story.

And what about the adoption agencies, private nursing homes, maternity hospitals, priests, doctors, and even some prominent Irish names?

What about the baby rackets, the trafficking of children, the thousands of illegal adoptions, the falsification of records? Maybe one day we will get to that.

While we have spent the last year laying flowers at the feet of monuments honouring the dead male Irish heroes of 1916, female heroes lie in graves that are unmarked, forgotten, and largely ignored. Their children lie in other graves, or live, having been adopted, in both Ireland and abroad, many in very dubious circumstances.

This is a history we don’t like to talk about. We have barely written about it.

This is a history in which women who didn’t fit the idealised vision of newly independent Ireland were hidden behind high walls, their children removed from them, boarded out, adopted, or trafficked abroad.

We still don’t know how many were used for medical trials. Thousands more died, while hundreds of infant bodies were used by Irish universities for anatomical research and buried in the Angels’ Plot in Glasnevin as “anatomical subjects”.

The children’s crime? Simply the circumstances of their birth. Their mothers’ crime? That they were unmarried women.

The mistake, now, would be to simply focus on Tuam and the deaths that occurred there. This is a scandal that is as much about the living as it is about the dead.

Very specific concerns about infant mortality in such institutions were raised as early as 1945. The previous year, state inspectors reported that out of 124 infants admitted to the Bessborough home after birth, 102 died — a death rate of 82%.

[timgcap=A memorial at Bessborough, Blackrock, Cork.]zzzBessboroughBlackrockMotherAndBabyMemorial100317_large.jpg[timgcap]

It briefly led to the government of the day banning pregnant women being sent to the home and led Dr Con Ward to write to then Bishop of Cork, Daniel Cohalan, to express fears about a “public scandal” over the figures.

Our most recent governments fare little better, in terms of institutional knowledge of such shocking infant death rates.

In 2012, senior HSE management was expressing concern at what was being found in relation to both Tuam and Bessborough.

Two reports on the institutions were prepared by the HSE, while it was preparing material for the McAleese investigation into Magdalene Laundries.

These reports not only explicitly reference infant mortality rates, but also express serious concerns about the possible trafficking of children from the institutions. They also mention that these issues needed to be investigated as a matter of urgency.

IN THE case of Tuam, a note of a teleconference call on October 12, 2012, reveals that senior management in the HSE felt what had been discovered warranted a state inquiry.

The call involved then assistant director of the Children and Family Service at the HSE, Phil Garland, and then head of the medical intelligence unit, Davida De La Harpe, expressing concern that 1,000 children had been trafficked from the Tuam mother and baby home in what could “prove to be a scandal that dwarfs other, more recent issues with the Church and State”.

These concerns had been raised by the principal social worker for adoption in HSE West, who had found “a large archive of photographs, documentation, and correspondence relating to children sent for adoption to the USA” and “documentation in relation to discharges and admissions to psychiatric institutions in the Western area”.

The archive contained letters from the Tuam mother and baby home to parents, asking for money for the upkeep of their children, and notes that the duration of stay for children might have been prolonged by the order for financial reasons.

It also contained letters to parents asking for money for the upkeep of some children who had already been discharged or who had died.

The social worker, “working in her own time and on her own dollar”, had compiled a list of “up to 1,000 names”, but said it was “not clear yet whether all of these relate to the ongoing examination of the Magdalene system, or whether they relate to the adoption of children by parents, possibly in the USA”.

Those on the conference call raise the possibility that if there is evidence of trafficking, “it must have been facilitated by doctors, social workers, etc, and a number of these health professionals may still be working in the system”.

The note concludes by stating that, due to the gravity of what was being found, an “early warning letter” be written to the national director of the HSE’s quality and patient safety division, Philip Crowley, suggesting “that this goes all the way up to the minister”.

“It is more important to send this up to the minister as soon as possible: with a view to an inter-departmental committee and a fully fledged, fully resourced forensic investigation and state inquiry,” concludes the note.

A week later, in a separate report sent by Mr Garland to Mr Crowley, and which CC’d then national director of Children and Family Services, Gordon Jeyes, and Ms De la Harpe, Dr Declan McKeown, of the medical intelligence unit, outlines concerns about death rates at both Tuam and Bessborough.

Dr McKeown notes that the infant mortality rate for Tuam was “approximately 20%-25%, similar to that recorded in Bessborough”. He also raised questions as to the veracity of such death rates.

“Queries over the veracity of the records are suggested by causes of death such as ‘marasmus’ in a 2 ½-month-old infant; or ‘pernicious anaemia’ in a four-month-old. These diagnoses would be extremely unusual in children so young, even with the reduced nutrition of the time,” he said.

A separate report into Bessborough not only revealed that the deaths of hundreds of children were recorded in the order’s own register, but that, similar to Tuam, the operation was aimed at making money.

The examination of the order’s own records found that the women and children in its care were “considered little more than a commodity for trade amongst religious orders”.

Minutes from meetings of the Sacred Heart Adoption Society’s board of management “further lend evidence to the order’s preoccupation with materialism, wealth, and social status”, while the wealth and social status of the adoptive parents was often the prime concern when deciding whether they would receive a child.

None of the concerns made it into the McAleese report, as they were outside its terms of remit.

However, that report did include other material that was, “strictly speaking, outside its core remit”, but deemed “in the public interest. This material “may challenge some common perceptions” about Magdalene laundries.

The Report of the Inter-Departmental Group on Mother and Baby Homes, published by the Department of Children and Youth Affairs in July 2014 also failed to mention any of these concerns.

This is despite the fact that two government department’s had seen the 2012 HSE report on Bessborough, which revealed that hundreds of children died at the institution over a 19-year period.

All of the HSE concerns were being raised almost two years before the Tuam babies scandal made international headlines.

Where adoptions fit into all of this should be of particular interest. Adoption campaigners have spent years repeatedly calling for an audit of all adoption records held by the State. So far, these calls have fallen on deaf ears.

It’s hard to understand why. The Adoption Authority informed the government in 2013 that there “may be thousands” of cases where people had their birth history falsified, so they could be illegally adopted. This has never been investigated.

The Department of Children and Youth Affairs was told by an AAI delegation in June, 2013 — more than a year before the mother-and-baby home scandal — that there were “at least 120 [confirmed] cases” of illegal registrations.

This is not a small number, given the small sample size that would have been examined.

However, the AAI went further, stating that this could well be the tip of the iceberg and that there “may be thousands” more. It named a well-known former private nursing home — St Rita’s, in Dublin — where women went to give birth to their children, before having to place them for adoption, as a “huge source of illegal registrations”.

It specifically named one religious-run former adoption agency — St Patrick’s Guild, in Dublin — as being “aware of several hundred illegal registrations”, stating that the agency “are not seeking the people involved”, but were, rather, “waiting for people to contact them”.

The agency’s 13,500 adoption files — one of the largest archives in the country — are now in the hands of Tusla.

In a statement to this newspaper, AAI chief executive, Patricia Carey, said that the ‘may be thousands’ comment made at the meeting was “a throwaway remark” and was “not based on verifiable facts”.

However, the fact that the department had called for a meeting on the subject, and that an AAI delegation was willing to speculate at all on such a large number, indicates that the issue was firmly on the radar of the adoption regulator.

Any woman or adopted person who was through one of the above institutions will not be examined by the current commission, unless her case can be linked to one of the institutions under its remit.

Despite this, and countless media reports of adoptions being contracted on the back of documentation which is as best extremely dubious, the Department of Children and Youth Affairs has stood steadfastly to the line that an audit of adoption records, to ascertain the scale of illegal and forced adoptions, “would yield little useful information”, as there would be “little, if any, supporting information in relation to these arrangements” on the files.

It is impossible to make such a claim without at least examining the records and, secondly, it’s blatantly clear that these records do contain evidence of illegal adoptions.

Adoption support groups have repeatedly said that government refuses to order such an audit, because it fears what will be found. Given what the HSE found in 2012, in relation to Tuam and Bessborough, this may well be the case.

More than one government minister has said, on record, that every adoption carried out by the State since 1952 was done in line with the legislation of the day.

If that level of certainty exists at official levels, then why not open the files, let everyone see them and, for once, have this country do the right thing?

Bessborough Mother and baby vaccine trial files altered in 2002

The files of vaccine trial victims in Bessborough Mother and Baby Home were altered in 2002 — just weeks after the Commission to Inquire into Child Abuse sought discovery of records from the order running the home.

Material obtained by the Irish Examiner under Freedom of Information shows that changes were made to the records of mothers and children used in the 1960/61 4-in-1 vaccine trials.

The Commission to Inquire into Child Abuse (CICA) had sought discovery of the records from the Sisters of the Sacred Heart of Jesus and Mary on July 22, 2002. An affidavit was sworn on October 3, 2002, and on a number of later dates in 2002 and 2003.

The document listing the changes opens with: “8.8.02 Checked the 20 files.” This is immediately followed by: “9.8.02 Made the changes.” The changes made to files Nos 5, 8, 11, 12, and 15 to 20 are then detailed.

The changes include:

  • The alteration of discharge dates of mothers (by a period of one year and two years);
  • The changing of discharge dates of children;
  • The changing of admission dates of mothers;
  • The alteration of the age of a mother (by two years);
  • The alteration of dates of adoption;
  • The changing of baptism dates and location of baptism;
  • The insertion of certain named locations and information into admission books.

A data protection request released to Bessborough vaccine trial victim Mari Steed in 2011 also confirms this timeline.

A file listing details about both her and her natural mother was created on August 6, 2002. This was done following a request “for Solicitor re Vaccine”. Ms Steed’s natural mother is listed as “No 19 on Doctor’s List”. The record lists “All Counties DUBLIN” above discharge information pertaining to her mother.

The document listing the changes notes that this information was inserted into Ms Steed’s original file.

The entry reads: “No 19 [house name redacted] Crossed out the Indoor Reg entry as it is corssed (sic) out in the Book. Inserted DUBLIN after All Counties.”

Another entry reads: “No 17 [house name redacted] Changed nm [natural mother] disch from x/x/60 to x/x/62”.

Given that the trial took place between December 1960 and November 1961, this change has the effect of placing this woman in Bessborough during the period her child was vaccinated.

If she was, in fact, discharged from Bessborough at the date given in 1960, she could not have been present to consent for her child to have been part of the vaccine trial.

The question of consent was the key issue being examined by the CICA’s Vaccines Module before it was shut down in 2003 following a Supreme Court ruling.

The Irish Examiner put a series of questions to the Sisters of the Sacred Hearts of Jesus and Mary in relation to the document. It declined to answer any of them.

A statement from Ruairí Ó Catháin solicitors, representing the order, stated that it had “no immediate knowledge of any specific event” concerning alterations made to records.

“We are in contact with the commission in regard to the Mother and Baby Homes Investigation, which is having our full co-operation. For the present, as is appropriate, we will be dealing directly with the commission on all related matters,” said a statement.

In a separate statement, the order said it wished to “categorically state that no documents were altered”.

“In your recent correspondence, you are suggesting that something illegal or inappropriate had occurred in regard to the documents to which you refer,” said the statement. “This is entirely untrue; and we will continue to deal directly with the official commission on all such matters.”

The Mother and Baby Homes Commission has copied all the records relating to Bessborough and is currently analysing them alongside the other 17 institutions being examined. Its final report is expected in February 2018.

Bessborough Mother and baby vaccine trial files altered

The files of vaccine trial victims in Bessborough Mother and Baby Home were altered in 2002 — just weeks after the Commission to Inquire into Child Abuse sought discovery of records from the order running the home.

Material obtained by the Irish Examiner under Freedom of Information shows that changes were made to the records of mothers and children used in the 1960/61 4-in-1 vaccine trials.
The Commission to Inquire into Child Abuse (CICA) had sought discovery of the records from the Sisters of the Sacred Heart of Jesus and Mary on July 22, 2002. An affidavit was sworn on October 3, 2002, and on a number of later dates in 2002 and 2003.
The document listing the changes opens with: “8.8.02 Checked the 20 files.” This is immediately followed by: “9.8.02 Made the changes.” The changes made to files Nos 5, 8, 11, 12, and 15 to 20 are then detailed.
The changes include:
– The alteration of discharge dates of mothers (by a period of one year and two years);
– The changing of discharge dates of children;

– The changing of admission dates of mothers;

– The alteration of the age of a mother (by two years);

– The alteration of dates of adoption;

– The changing of baptism dates and location of baptism;

– The insertion of certain named locations and information into admission books.

A data protection request released to Bessborough vaccine trial victim Mari Steed in 2011 also confirms this timeline.

A file listing details about both her and her natural mother was created on August 6, 2002. This was done following a request “for Solicitor re Vaccine”. Ms Steed’s natural mother is listed as “No 19 on Doctor’s List”. The record lists “All Counties DUBLIN” above discharge information pertaining to her mother.
The document listing the changes notes that this information was inserted into Ms Steed’s original file.
The entry reads: “No 19 [house name redacted] Crossed out the Indoor Reg entry as it is corssed (sic) out in the Book. Inserted DUBLIN after All Counties.”
Another entry reads: “No 17 [house name redacted] Changed nm [natural mother] disch from x/x/60 to x/x/62”.
Given that the trial took place between December 1960 and November 1961, this change has the effect of placing this woman in Bessborough during the period her child was vaccinated.
If she was, in fact, discharged from Bessborough at the date given in 1960, she could not have been present to consent for her child to have been part of the vaccine trial.
The question of consent was the key issue being examined by the CICA’s Vaccines Module before it was shut down in 2003 following a Supreme Court ruling.

The Irish Examiner put a series of questions to the the Sisters of the Sacred Hearts of Jesus and Mary in relation to the document. It declined to answer any of them.
A statement from Ruairí Ó Catháin solicitors, representing the order, stated that it had “no immediate knowledge of any specific event” concerning alterations made to records.
“We are in contact with the commission in regard to the Mother and Baby Homes Investigation, which is having our full co-operation. For the present, as is appropriate, we will be dealing directly with the commission on all related matters,” said a statement.
In a separate statement, the order said it wished to “categorically state that no documents were altered”.
“In your recent correspondence, you are suggesting that something illegal or inappropriate had occurred in regard to the documents to which you refer,” said the statement. “This is entirely untrue; and we will continue to deal directly with the official commission on all such matters.”

The Mother and Baby Homes Commission has copied all the records relating to Bessborough and is currently analysing them alongside the other 17 institutions being examined. Its final report is expected in February 2018.

St Patrick’s Guild sought €50k from Tusla for adoption records

St Patrick’s Guild adoption agency requested a payment of “at least €50,000” from Tusla before it would transfer the more than 13,000 adoption records it holds.

The agency made the request on numerous occasions throughout 2015 and 2016. It was excluded from the current Mother and Baby Homes Commission despite the Government being told by the Adoption Authority of Ireland (AAI) that the agency was aware of “several hundred” illegal birth registrations.

It ceased operating at the end of 2014 but, due to lengthy negotiations to ensure Tusla were indemnified against any legal action taken by people seeking their records, the files were not transferred until May 2016.

However, it has emerged that the agency had contacted Tusla a number of times throughout 2015 and 2016 seeking a payment of €50,000 before it would agree to transfer any records.

Documents released under Freedom of Information show that Sr Francis Fahy, director of services with St Patrick’s Guild (SPG), wrote to Tusla national manager for adoption Siobhán Mugan in October 2015 requesting an “immediate payment” in regard to almost €48,000 in expenses.

She had previously made a request in April of that year and stated that SPG had not been funded by Tusla since it closed in December 2014, but had continued offering a service to adopted people and natural parents “albeit in a more limited way”.

“It is now a matter of some urgency,” said Sr Fahy.

“At this time I am enclosing an account of the actual expenses to date for 2015 and would be glad to receive an immediate payment in regard of these expenses. If further details are required please let me know. A further sum will be required later as often payments fall due from October until such time as the service and the records are transferred to Tusla.”

The attached expenses from January to September 2015 included almost €10,000 on gas and electricity and phone bills of more than €2,000.

Ms Mugan responded to Sr Fahy stating that when the agency ceased operating there was no agreement with Tusla to continue funding into 2015.

She pointed out that, “in fact, it was agreed that the records would be in the possession of Tusla by late January, early February 2015 at the latest”.

However, Sr Fahy wrote to Tusla again in February of this year stating that it would need a payment of “at least 50,000” before it could transfer anything of the 13,000 adoption files. She pointed out that the agency was preserving and maintaining the records and offering a service on the understanding that its costs would be covered by the State.

“We were given to understand that upon submission of the necessary documentation and accounts funding would be made available to cover the costs incurred during this period,” said Sr Fahy. It was with this understanding that the work was carried out in good faith.

“While every effort has been made to bring the negotiations to a conclusion this has not yet been possible. Therefore, at this time, and as a matter of urgency, it is necessary to request that a payment of at least €50,000 be made prior to the transfer of the records.”

In April, principal officer in the Adoption Policy Unit at Tusla wrote to chief executive of the AAI Patricia Carey expressing concern about the request and fact that the agency had planned to retain copies of index cards containing birth information of adoptees and their natural families.

The AAI agreed to allow the agency hold the cards for three months post transfer of the files to allow it “to complete reports for the Authority”.

In April of this year Tusla agreed to a one of payment of €30,000 to support the storage of the files while the transfer was being negotiated and to assist the agency with its closure.