Government now urged by campaigners and lawyers to commit to a swift timetable to introduce “Philomena’s Law”, in next month’s King’s Speech
A 70-year-old Mother and Baby Home survivor has welcomed new UK Government guidance instructing local authorities not to financially penalise survivors who receive compensation, but warned that only legislation will provide lasting protection.
Following requests by Rosemary Adaser’s legal team, the Government has now issued guidance to local authorities confirming that payments made under Ireland’s Mother and Baby Institutions Payment Scheme should be disregarded as capital for income-related benefits, including Universal Credit, Housing Benefit and Pension Credit.
Campaigners say the move provides immediate reassurance to thousands of survivors living in Britain who had feared losing essential financial support if they accepted compensation.
However, this is government guidance, not law, and Rosemary and her legal team say the Government must move quickly to introduce legislation – known as Philomena’s Law – to ensure consistent and permanent protection.
Rosemary has now called for an urgent meeting with the Prime Minister and wants a firm commitment in next month’s King’s Speech to early legislation in the new session of parliament.
Rosemary, from Ealing, west London, said:
“This is a win for all survivors in the UK and is a welcome move from the government which comes after we specifically asked ministers on April 6th to put this protection in place. But guidance alone is not enough if survivors are unaware of it or if it is applied inconsistently.
“The Government must now make this crystal clear to every survivor and every local authority that they will not be financially penalised.
“No one should be left to battle this council by council. And I would like to meet the Prime Minister to discuss the timetable for legislation which I hope to see in the King’s Speech.”
Rosemary, who feared she might die before legislation was put on the statute books, added: “I am so grateful to everyone who has worked so tirelessly in the background to allow survivors to breathe again knowing we have a modicum of financial safety in the winter of our lives.”
She and her legal team held meetings in parliament yesterday where they received cross party support for Rosemary’s campaign. They are due to travel to Dublin next week.
Her legal team say that while the guidance is a significant and welcome step forward, it does not yet provide the legal certainty survivors need.
They warn that without legislation there remains a risk of inconsistent interpretation or application across different local authorities.
Leading human right’s barrister, Caoilfhionn Gallagher KC said
“This guidance is an important and welcome interim step which reflects what we have been urging the Government to do.
“However, guidance is not the same as a change of legislation. Survivors need certainty, consistency and protection that is legally guaranteed.
“Philomena’s Law remains essential to ensure that these payments are permanently disregarded – for means tested benefits, taxation and social care purposes – and that no survivor is left at risk of financial penalty. Survivors have waited a long time – now the Government must move swiftly to put this on a statutory footing.”
Up to 13,000 survivors living in Britain could have had their income affected, with many reluctant to apply for compensation due to fears of losing their benefits. Only 770 UK applications have been made.
Baroness Helena Kennedy KC is writing to ministers to seek assurances that legislation will be brought forward without delay.
After meeting Rosemary this week in parliament, Baroness Kennedy of The Shaws KC said:
“What happened to Rosemary was utterly appalling; the treatment of pregnant girls and their babies must remain a source of shame in Ireland’s history. British treatment of such women and children was also a display of misogyny and cruelty.
“Rosemary’s suffering has been recognised by the Irish Government and she is due to receive compensation. I was glad to see that our Prime Minister has agreed that there should be no differentiation as to how these payments are treated when paid to the women and children now living in Britain, as opposed to those living in Ireland.
“This is compensation for suffering, not a banker’s bonus.”
