Concern has been expressed that any evidence given to the Mother and Baby Homes Commission is not admissible in any future criminal proceedings.
section 19 of the Commissions of Investigation Act 2004, statements or
documents given to the commission are inadmissible as evidence against a
person in any criminal or other proceedings.
Citing the relevant section of the Act, Claire McGettrick of the
Justice For Magdalenes Group called for An Garda Síochána to establish
its own investigation independent of the commission.
“This investigation should look into abuse, neglect, and illegal
separations of mothers and children in mother and baby homes, county
homes, maternity hospitals, and through adoption agencies and similar
entities,” she said.
It comes as the Irish First Mothers group confirmed that it has
written to the attorney general seeking to bring prosecutions under the
Irish Genocide Act of 1973 in respect of religiously motivated grievous
injuries which they suffered.
The group said its members were subject to religiously motivated,
grossly criminal acts under section 2 of the Convention on the
Prevention and Punishment of the Crime of Genocide adopted by the UN
“The attorney general could pursue prosecutions for failure to
prevent genocide, for conspiracy, for incitement, and for the crime of
genocide itself,” the Irish First Mothers group said in a statement.
“But we have identified no culpable parties and we leave such matters to the judgement of the attorney general’s office.”
Separately, the Magdalene Survivors Together group has called for the
exhumation of all Magdalene women and children from mass graves located
around the county.
Group chairman Steven O’Riordan said the Tuam scandal would not be the last relating to the treatment of women and children.
“It is a great shame that we as a society continue to deny babies, women, and children the dignity of a proper burial,” he said.
“The Tuam babies scandal is not the first and it will not be the
last. This Government has a chance to do something right for the
forgotten women, children, and their babies.”
Mr O’Riordan also claimed that the group made a submission in 2011 to
then justice minister Alan Shatter and then environment minister John
Gormley to have the issue of Magdalene mass graves investigated.
“Magdalene Survivors Together is now calling on the Irish Government
to commit in an open and transparent way to fully investigating all mass
graves located in institutions throughout Ireland.
“The Magdalene Survivors Together group firmly believes that if we
are to lay the ghosts of the past to rest we must first acknowledge
Meanwhile, People Before Profit TD Bríd Smith hit out at Finance
Minister Michael Noonan for attending the opening of the Bon Secours
“A top Government minister attending the opening of this Bon Secours
hospital in Limerick today, after the revelations of the Tuam babies, is
a shocking slap in the face to the victims of these mother and baby
"The Church and the State colluded to cover up these vile acts and the disgusting mistreatment of women and children,” she said.