Mother and Baby Institutions Payment Scheme: Capital Disregard

Carla Lockhart Excerpts

Tuesday 10th June 2025 Westminster Hall

[Rebecca Smith]

An honour—yes, I like that. It is also great to see Jane and Joshua here.

The hon. Member for Torbay (Steve Darling) always makes very good local connections and shares his own stories so well. This has been a really interesting debate and, although we had the break for the Division, we have been able to hear some good stories.

As the hon. Member for Beckenham and Penge has rightly set out, the mother and baby institutions payment scheme was introduced by the Irish Government to compensate those who had spent time in those institutions in the Republic of Ireland. Today we have heard many of the stories of those who were impacted. Anyone who has watched the tear-jerking film “Philomena”, starring Judi Dench and Steve Coogan—unlike some hon. Members, I have been able to see it, and I admit to having cried—will be familiar with this story. It is very moving to see the impact that the backgrounds of these men and women have had on them for the rest of their lives.

As we have heard, an astonishing 35,000 single mothers gave birth in these homes throughout the 1900s. These women were ostracised and pushed into the homes so that society could forget them. The most infamous case is of Tuam house, where 802 infants tragically died over a 36-year period. Across those 18 institutions in Ireland, 9,000 children died. We are not just talking about the women. Children lost their lives as well: 15% of all the children who lived in those homes. I am sure that hon. Members will agree that that was a travesty.

It is clear that there is agreement across this House on an issue that the hon. Member for Beckenham and Penge has alluded to in his private Member’s Bill. Although no amount of money can replace the loss of a child or atone for the trauma that was inflicted, these single mothers have rightly received compensation that ranges from €5,000 to €125,000, depending on their stay. The question is whether the compensation those women received should have an impact on the benefits that they are entitled to as a UK resident. There are 13,000 surviving inhabitants of those homes who moved here to start a new life free from the judgment of the Irish society that they grew up in. As of April 2025, 6,462 applications had been made, with just 11% from UK residents. That means that 700 of those applications are from UK residents, stripping these women of access to benefits that they would otherwise be entitled to. We have heard that described plainly across the Chamber in this debate.

[Carla Lockhart (Upper Bann) (DUP)]

I associate myself with the remarks made across the Chamber about the travesty and life-changing trauma that so many women and children experienced. Does the hon. Member agree that, if Philomena’s law is applied by the UK Parliament, Northern Ireland should be included as part of the United Kingdom, given that a number of women and children will be living in Northern Ireland and encountering the same problem with benefits?

[Rebecca Smith]

The hon. Lady is a true champion for Northern Ireland. I cannot comment on how that would happen; the Minister is better placed to say whether that is possible. But clearly Northern Ireland is as much a part of the island of Ireland, depending on where one’s politics lie, and it would make sense to include anyone who experienced this. I am not in the position of the Minister in being able to say what might happen in the future.

In this debate we have also well-rehearsed the compensation payments for other well-known scandals: the Post Office scandal, the infected blood scandal, the compensation for victims of 7/7, and the Windrush scandal. We know the argument: those people are all eligible for full benefits and their capital is not regarded. Although I appreciate that a precedent can be set, the difference that makes this situation slightly more difficult is that the payments originate from another country. The situation is unique when compared with the others, but ultimately the precedent is clearly there.

Traditionally, the Department for Work and Pensions has opposed the step of disregarding capital payment from additional financial schemes. However, the scheme was only set in motion in 2021. Now that the dust has settled and it is clear that many are not claiming the money they are entitled to because of that lack of disregard, it will be interesting to hear whether the Department plans on changing its mind.

Although in government the Conservative party did not endorse the introduction of a capital disregard for these compensation payments, the issue was also not discussed to the same extent at that time. That is why the hon. Member for Beckenham and Penge requires our congratulations; we are three or four years into the scheme, the dust has settled, and it is clear that there are problems with people applying—we cannot get away from that fact.

Under the previous Government, the Irish Government expressed that they would press other Governments to introduce dispensation for these capital payments within their welfare systems. However, the then Secretary of State for Northern Ireland, Chris Heaton-Harris, said in March 2024 that no such approach had been made by the Irish Government. One of the questions for the Minister is whether in his time in office such an approach has been made by the Irish Government. One could argue that the onus is on the Irish Government to provide the list of individuals likely to be impacted by this approach. With the consent of those individuals, that information could be shared with the Department for Work and Pensions so that we at least know who might be in line for that support.

More work is necessary to calculate how many people currently in receipt of welfare benefits in the UK might be impacted, because not everyone who can claim compensation falls into that bracket, and the financial pressure that a lack of dispensation places on them. What sums have been done and what are the numbers likely to be? What would the cost be if the capital payments for this scheme are disregarded when it comes to benefits?

This is an extraordinary situation, as I have already alluded to, and I agree entirely with the position. I wait to see what the Minister and the new Government decide. In 2021, the Taoiseach of Ireland, who, as we have heard, was involved in setting up this scheme, said of the report that brought it about:

“This detailed and highly painful report is a moment for us as a society to recognise a profound failure of empathy, understanding and basic humanity over a lengthy period. Its production has been possible because of the depth of courage shown by all those who shared their personal experiences with the commission. The report gives survivors what they have been denied for so long, namely, their voice, their individuality and their right to be acknowledged.”

That, for me, sums up the entire argument. I look forward to hearing what the Minister has to say in response.

--- Later in debate ---

[Andrew Western]

I am going to disappoint the Liberal Democrat spokesperson, because I am unable to give her that assurance today. Conversations between the UK and Irish Governments, as well as conversations between Government Departments, are ongoing. I do not want to suggest that we are leaning one way or another, or that a decision is imminent.

The hon. Member for South West Devon set out how unprecedented a decision this would be. We regularly receive requests for scandals and issues that have happened in other countries to be considered for a disregard in this country. For instance, when the coalition Government were in power, the Magdalene Laundries was one such example where a disregard was not put in place. More recently, we saw this with the Australian child abuse scandal and with Gurkhas seeking a disregard to the 28-day rule around the allocation of pension credit.

This would be a significant change with broader ramifications, but that is not to say that we are not looking to take that change forward. Thought still needs to be given to this, and conversations need to continue. I am grateful to all Members for the opportunity to set out the current conversations, and to hear directly about people’s experiences.

[Carla Lockhart]

I thank the Minister for his response in relation to Northern Ireland, but I reiterate that the Northern Ireland Executive is just the postman for social benefits. The UK Parliament is sovereign. For something of this nature, given the small number it would impact and the small cost, I would want Northern Ireland to be part of the conversation from a UK-wide perspective, so that we go hand in hand, because constituents in Northern Ireland are as deserving as those here in GB.

[Andrew Western]

I do not want to openly disagree with the hon. Lady, but I gently say that social security matters are devolved to the Northern Ireland Assembly, although of course it seeks alignment on issues wherever it is able to do so, and I welcome that. The fact that it is looking at its own scheme related to people from Northern Ireland who were in mother and baby institutions in Northern Ireland points to the flexibility within the devolved system. However, I accept the point that she makes about the importance of ensuring that, were the UK Government to apply a disregard, we would look to have conversations with the Northern Ireland Assembly about that also being applicable in its jurisdiction.

As I was saying, this debate has been an important opportunity not just to set out the Government’s position, but to hear powerful testimony about Christina’s story and more information about Philomena’s story.