Eight judicial-review cases in relation to the final report of the Commission of Investigation into Mother and Baby Homes have been settled by Roderic O’Gorman (Minister for Children, Equality, Disability, Integration & Youth).

O’Gorman said the decision to settle was made in light of the evidence given by the applicants in the two lead cases to the court on the procedural matter of being identifiable.

As part of the settlement deal, the minister will publish an acknowledgement alongside the final report, stating that a number of survivors do not accept the accounts given. 

The statement will identify key paragraphs of concern to the applicants in these cases.

However, the minister also pointed out that the commission’s findings and recommendations were important to many survivors, and that, while specific paragraphs were not accepted by some, those paragraphs might reflect the experiences and evidence of other survivors.

Entitled to draft report

The two lead cases were heard on 17 and 18 November. The applicants claimed to be identifiable in the report, and argued that they were therefore entitled to a draft of the report, or the relevant part of the draft of the report, prior to its publication.

The minister has consented to a declaration that the commission, by failing to provide one applicant with a draft of the report, as required by section 34(1) of the Commission of Investigation Act 2004