Philomena Lee and Dame Judi Dench at the BFI London Film Festival in 2013 Image: Alamy Stock Photo Philomena Lee and Dame Judi Dench at the BFI London Film Festival in 2013 Image: Alamy Stock Photo Updated 1 hour ago
Lee and Harney’s cases involve Section 34 of the Commission of Investigation Act 2004 – the women have taken issue with the fact they were not given a right to reply before the Commission’s final report was published in January. They believe some of the testimony they gave to the Commission was misrepresented in, or omitted from, the report.
As such, he told the court the women should have been given a right to reply and challenge some of the assertions made in the final report. Lynn said the assertion that women such as Lee gave “full, free and informed consent” to the adoption of their children is incorrect. Lee also said she was not seen by a doctor or administered with pain relief while giving birth to her son.
Lynn referenced a number of scenes in the film today, highlighting how Lee’s testimony in the report is particularly identifiable given the high-profile nature of her story. Harney, who was born in the Bessborough Mother and Baby Home in Cork in 1949, also claims her statutory rights were breached by an alleged failure to be given an opportunity to make submissions on the Commission’s draft report before the final report was published in January.
Related Reads 17.11.21 Mother and Baby Homes: High Court to hear cases as Philomena Lee and others challenge report 16.11.21 'No understanding of trauma': Survivors hit out at 6-month rule & legal waiver in redress scheme 16.11.21 Mother and Baby Homes: 34,000 survivors eligible for compensation in €800m redress scheme
He told the court there was “no mention” of the abuse and neglect suffered by Harney when she was boarded out from November 1951 to May 1954. He told the court: “It was never going to be the case that every single word” of testimony given by “every single person” was going to make it into the Commission’s final report.
Justice Simons stated that, even if the women had been given the right to reply, the Commission “may have ultimately decided not to change the report” but that’s not what the hearing is seeking to address.
I heard this many times from the women in my local area. Another was when they went to the priest for advice because the husband beat them senseless and drank their wages, were told to go home for the sake of their children. In other words that's your lot in life so suck it up.
Complicit. Cinnte. Bris an Dialathas.
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