Survivors of mother and baby homes are seeking answers from Edwin Poots after the speaker unilaterally blocked any consideration of an amendment to a redress and inquiry bill.
A woman who was given up for adoption and then had her own son taken away at three months said she was devastated by the decision made by Mr Poots around posthumous redress and is asking for him to reveal the reason.
Mr Poots told the Assembly on Tuesday: “Those decisions are taken with the best advice. You know nothing about what goes on in the background, and it is not in order for you to challenge that.”
Legal representatives for survivors are weighing legal action over what effectively means those who died before September, 2011, will have no means for redress.
Adele Johnstone’s mother was forced to give her up for adoption in 1951. Her mother died in 2007 following a troubled life Ms Johsntone believes stemmed from her time in the Mater Dei institution in Belfast.
Ms Johnstone, who at age 17 was forced to give up her son after she herself was taken to Marianvale in Newry, said of the Speaker’s intervention: “That was devastating.”
“He is not obliged to give an explanation but we are asking him to work with victims and survivors and to give us his rational,” said Ms Johnstone.that
The speaker’s office decided to deny consideration of the amendment on redress for those who died before a certain date, ahead of a debate on the bill on Monday.
This is believed to be only the second time in the recent history of the Assembly that a speaker has denied debate on an amendment to legislation already passed by committee.
DUP members opposed the amendment in committee.
The first time in memory was last September when Mr Poots decided there should be no discussion around girls and their families being allowed to decide whether they can wear trousers in school.
“Many survivors and families will be deeply disappointed and hurt that the amendment relating to posthumous redress claims was not selected for debate,” said SDLP MLA Sinéad McLaughlin MLA.
Ms McLaughlin added: “Since this decision became known, I have received a large number of emails from people who are devastated. Families feel that an important opportunity for acknowledgment has now been lost.”
In a statement, an Assembly spokesperson said: “The speaker’s procedural decisions are final and it is out of order to challenge them.
“Therefore, parliamentary convention is that the Speaker does not give reasons for his procedural decisions.
The Assembly spokesperson added that the Speaker has “continually emphasised that he takes the legislative process of the Assembly extremely seriously, particularly given recent High Court rulings on legislation the Assembly previously passed”.
The Inquiry and Redress Scheme Bill will establish a public inquiry into mother and baby homes and Magdalene Laundries, and set up a redress scheme. However, families of those survivors who died before September 2011, will not be able to apply for redress under the scheme.
“The decision by the Speaker not to select amendments at consideration stage despite them being clearly within the scope of the legislation raises serious questions about consistency, transparency and confidence in Assembly procedures,” said Claire McKeegan, a solicitor for many survivors and victims.
“The role of the Speaker is to act impartially and ensure that Members are able to fully scrutinise and shape legislation through the mechanisms available to them,”
“This amendment was tabled to ensure those who campaigned for years to get this inquiry and scheme were not callously blocked from the process for economic savings, Ms McKeegan.
“Our clients are considering what legal actions they can bring in the light of this shocking development.”
The Executive Office committee discussed the matter on Wednesday.
