Wednesday, June 15, 2011

A Time For Patience - but not TOO much time..


I've been writing, broadcasting and learning about the story of Irelands Magdalene Laundries for the past decade. I've had some wonderful, patient teachers, two of whom are leading members of the Justice for Magdalenes group. A terrible wrong was done to thousands of women at those places, and that wrong must be put right. The latest development, detailed in the stories here (click the links), is the most positive thing I've seen.




Much of the response from groups like JFM has centred on the need for an apology, and I totally respect that. Certainly, the women, and their children (now adults) who were taken from them, almost invariably against their will, and placed for (often totally illegal) adoption, deserve no less. However, it has not come today. It may come some day soon, but it's absence today should not take from the positivity of what has happened. The committee now being set up by the Government is at least, a start. I've seen a lot of (understandable) cynicism expressed on Facebook & Twitter about "kicking the can", or "a toning down operation", and I get exactly where those views are coming from, but here's my tuppence worth..

This issue is a legal minefield. The Magdalene Laundries were not, as some people mightn't know covered by any specific legislation of their own. They were treated, in my understanding of the history, as a kind of 'ad-hoc' addendum to the Industrial Schools, and Gardai, for example, including my own father, who served in Cork as a young guard, had only the IS legislation to work from, if ever called upon to bring someone back when they had fled a laundry. For his own part, my Dad never had to do it - but his friends did - and they would be acting under orders from a senior officer, based on the terms of the Industrial Schools legislation. My Dad tells the story of one such officer, mind you, who, when he would get the call from the Nuns about an 'escape', would deliberately and calmly, make another pot of tea, and say quietly "I'll just give the poor girl a chance to make the boat..." An hour later, he would despatch a guard to 'search', knowing (or at least hoping) that it was too late.

But, I'm gone off the point (I do that a lot .. bear with me)

I may be alone in this, but I fully understand that an apology, if (or preferably when) it comes, must be carefully thought out. It must take account of all the law, as it did, or did not apply. It has to take into account the 'ad-hoc' thing I referred to previously. Issuing an apology, in any form, is tantamount to a State admission of liability. That being the case, the State has a duty,
(and I stress the word, because its a duty that I, as a citizen, expect it to fulfill), to carefully analyse what it IS liable for, what it is NOT liable for, and how to phrase an apology in such a way that it acknowledges what it needs to acknowledge, but does not involve the State taking the blame for something in which it does not actually have a legal or constitutional responsibility. I accept that to some people, this may look and sound like a 'fudge', but I think that some time at least should be given to the Government, and this new committee in particular, to do its work. If it sits in public, I plan to attend and report on its proceedings, and even if it doesn't, I will have a damn good inside track on what's going on, I can tell you!

There are many more chapters to be written, about this tragic and terrible part of Irish history, however, for decades, nothing was happening. Now, in the next few months, something will.

This is a time for patience.. but with the obvious proviso that said patience has a short shelf life!!

2 comments:

  1. I belong to an organization (incorporated Australian), which deals with the issue of forced adoption. It's efforts won a world first national inquiry into forced adoption (currently underway). It officially rejected an apology offered by the Western Australia government in 2010, as it was based on falsehoods and ambiguous statements of recognition. At the eleventh hour, the instigator of the apology saw through the agenda of the WA opposition and rejected the official terms of the apology. There was then one call after another across Australian parliaments for a national inquiry.

    Submissions are being taken until the end of this month, from interested parties. There have been a number of international ones. Consider persuading the Magdalenes to make one themselves.

    http://www.aph.gov.au/senate/committee/clac_ctte/comm_contrib_former_forced_adoption/index.htm

    http://www.originsnsw.com/

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  2. http://humanrightsconference2013.blogspot.com/

    ReplyDelete