IHREC Permitted To Make ‘Amicus Curiae’ Submissions At Mother And Baby Homes Report Challenges
The Irish Human Rights and Equality Commission has been granted permission by Mr. Justice Garrett Simons to make submissions at a hearing involving two lead challenges to the final report of the Commission of Investigation into Mother and Baby Homes. They will be joined to the cases as amicus curiae (assistant to the court on legal issues) when the cases are heard on November 17th and 18th.
IHREC's submissions will be focused on human rights and equality matters such as the right of access to justice and to an effective remedy for victims of historic abuse. IHREC states that the reason it is important that they join the hearing is due to the possibility that the issues raised in the proceedings “could significantly affect the human rights of persons not party to the proceedings”.
The applicants in the two cases challenging the report, retired nurse Philomena Lee (88) and Mary Harney (72), are both former residents of mother and baby homes. The applicants consented to IHREC's application to join the cases, with the State respondents taking up a neutral position on the matter.
The applicant's claim is that section 34 of the Commission of Investigation Act 2004 required them, as persons unnamed but allegedly identifiable in the commission’s final report, to be given the commission’s draft report and the opportunity to make submissions on that. It is claimed the failure to do that breaches section 34 and their fundamental rights under the Constitution and European Convention on Human Rights. The applicants claim the commission’s final report does not accurately reflect their evidence to it and breaches their rights to fair procedures and natural and constitutional justice. Other issues include the nature of a redress scheme and the constitutionality of provisions of the 2004 Act.
Following on from these cases, an application for discovery will be heard from Mari Steed of Virginia, US, also a former mother and baby home resident, which relates to the scope of section 12 of the 2004 Act which deals with the Commission of Investigation into Mother and Baby Homes’ power to make a decision to share information with a person who has given evidence to it.
The challenges are against the Minister for Children, the Government, Ireland, and the Attorney General.