Human rights lawyer joins calls for State to buy Bessborough

A leading human rights lawyer has joined calls for the Government to compulsorily purchase the grounds of the former Bessborough mother and baby institution in Cork.

Last month, Taoiseach Micheál Martin intervened to ask Cork City Council to engage with the owners of the 60-acre site after An Coimisiún Pleanála (ACP) upheld planning permission for the building of 106 apartments there.

Initial planning had been granted in February by Cork City Council, despite the Commission of Investigation into Mother and Baby Homes finding in 2021 that burial records for 859 children and 19 women were missing from Bessborough.

The commission found it was “highly likely” some of them had been buried on the grounds.

Mr Martin has urged the council to “explore all options for the future of the site”, adding that he believed a memorial park would be an appropriate future use for the grounds.

Although Mr Martin did not say so, it is believed the State is willing to financially support the purchase of the lands, should negotiations with its owners prove successful.

It is understood that the preference would for the State to acquire the lands as a result of an agreed settlement, rather than through a compulsory purchase order (CPO).

However, many survivors fear that development of the land could still go ahead, should negotiations with the site’s owners fall through, and believe a CPO would be the only way to guarantee development will not occur.

It would be possible for survivor groups or concerned parties to lodge a judicial review into ACP’s planning decision, but that would be a costly procedure and time is extremely tight.

A judicial review involves a High Court judge examining the legality of a decision made by a lower court or public body, by auditing the decision-making process, rather than the substance of the decision.

Dr Maeve O’Rourke, lecturer in human rights at the Irish Centre for Human Rights at the University of Galway, has worked extensively with Justice for Magdalenes Research and the Clann Project.

Ms O’Rourke noted that the deadline for lodging a judicial review into ACP’s decision is Tuesday, September 1.

“It is very difficult to lodge judicial reviews in general,” Ms O’Rourke said.

“The Government has created very strict time limits in planning. It’s basically eight weeks minus one day, and this is an absolutely enormous demand to make of bereaved mothers and families of children who have disappeared, having presumably died in Bessborough.

“The Taoiseach really needs to come forward now and confirm that the Government will compulsorily purchase the Bessborough site.

“It is just not acceptable to leave it over the summer for women, for families, to try and put together an entire High Court case to solve this problem,” she added.

Two weeks ago, Mr Martin met with two groups representing survivors of Bessborough and their families.

Carmel Cantwell, of the Bessborough Mother and Baby Home Support Group, which represents most of the survivors of the institution, said the group had been very pleased to have had a positive engagement with Mr Martin.

“We are committed to ongoing engagement with An Toasieach and his officials to ensure that moving forward there are agreed solutions for all survivors and their families for the Bessborough lands,” she said.

Mr Martin was asked for comment, as was the smaller Bessborough group, Cork Survivors and Supporters Alliance.

A spokesperson for Cork City Council said it would not be appropriate to comment publicly.

“The city council can confirm, however, that it is in the process of establishing a formal negotiation process with the landowners and their legal representatives,” they said.

“Given the commercial nature of the matters under review, it will be some time before any update will be given.”