Mother and Baby Institutions Payment Scheme: Capital Disregard

Christine Jardine Excerpts

Tuesday 10th June 2025 Westminster Hall

[Liam Conlon]

Absolutely. I thank my hon. Friend, and I know that she has a strong personal connection to this issue. She is right to note that for decades women lived under a cloud of secrecy and shame. Having the conversation publicly in this campaign is partly to deliver justice and also to tackle the stigma of being in a mother and baby home.

Philomena’s law seeks to right that wrong. It proposes the introduction of what is called a capital disregard, which would mean that any compensation from the scheme is ringfenced. It would enable survivors to apply for and accept the payments without fear that doing so would negatively affect their benefits. There is strong precedent for such a solution. The same mechanism has been used for many other special compensation schemes in the past, including supporting the victims of Windrush, those affected by the 7/7 and Manchester bombings, the blood contamination scandal and many more. One change in the law could have a significant impact on the lives of thousands of survivors, and that is what the campaign seeks to deliver.

Before I conclude, I want to turn to the many Irish community and civic society organisations, some of which are represented here today. For many years, they have done vital work to support survivors across the country. I am delighted that we are joined by Rosa from Irish in Britain, Patrick from the Fréa Network, Séan and Katie from the London Irish Centre, Noelette from the Luton Irish Forum, Manisha and Simon from the Coventry Irish Society and so many more. From family tracing to support groups and counselling, to practical help with payment scheme applications, those groups are on the frontline, working around the clock to get the best possible outcomes for survivors.

Ireland’s mother and baby homes were cruel institutions. More than 100,000 women and children were either placed in them or born there. Thousands of them suffered horrific mistreatment and abuse and were forced to live under a cloud of secrecy and shame. After decades of campaigning, survivors finally received an apology from the Irish Government and access to a redress scheme, but 13,000 survivors living in Britain today are at risk of not being able to access compensation without the fear of losing means-tested benefits.

That is by default rather than by design, but it is firmly within our gift to correct it. Philomena’s law, named after the courageous Philomena Lee, and in tribute to every survivor in Britain, will do just that by ringfencing payments. We can do it; we have done it already for victims of other scandals, including blood contamination and Windrush. Although I appreciate that it is unprecedented to ringfence payments from a foreign Government, everything is unprecedented until it happens. We have an opportunity, through Philomena’s law, to help to deliver justice and, in doing so, show thousands of women and children survivors the empathy, kindness and respect they have so often been denied throughout their lives.

[Christine Jardine (in the Chair)]

I remind Members that they should bob if they wish to be called in the debate. I should also mention there is likely to be a vote shortly, at which point we will suspend the sitting for 15 minutes to allow Members to vote.

--- Later in debate ---

On resuming—

[Christine Jardine (in the Chair)]

The new finish time will be 4.12 pm.

[Steve Darling]

Just before the Division, I was looking to talk about trauma and the significant impact that it has had on those young women’s lives. We know it may have impacted them for their whole lives, and as Liberal Democrats we feel that justice must be served, and without delay. I look forward to the Minister giving some hope to those who could benefit from this system concerning how it could be put into action—hopefully in a matter of months, rather than years.

I have an admission to make: I have never seen the film “Philomena”—probably because I would find it too upsetting, having been adopted myself. Between 1949 and 1976, 185,000 children went through a system within the UK where a culture of adoption existed around certain mother and baby units up and down England and Wales. Jon Holmes, who many of us will know from Radio 4 comedy, did a very good “File on 4” programme on the impact on those individuals, particularly the mothers. Although he was adopted, he never found his birth mother.

I was very fortunate: although I was adopted in Birmingham, my parents, Eric and Penny, who were outstanding adoptive parents, moved down to Torquay. About 15 years ago I found my birth mother, Pam, living only nine miles from Torquay. We meet regularly and have had Christmas dinner together, but it is evident how what she went through with losing me has left her with trauma and an emotional scar throughout her life. I am sure that that was also the case, if not amplified to a large extent, in the mother and baby units in Ireland, where there were significantly more state-sponsored institutions involved in the forced adoption and forced labour, and a sense of shame on individuals.

We need to see that justice is brought to bear on this situation. We need to see Philomena’s law enacted. Capital disregard was applied in relation to the 7/7 terrorist attacks and the institutional sexual abuse of children. In recent months, the same principle has been applied in respect of tainted blood; that measure has only recently gone through the Commons. I implore the Minister to ensure that we drive Philomena’s law, as a matter of urgency, and let it take flight.