Publications

NIHRC Evidence to the Executive Office Committee: Mother and Baby Homes, Magdalene Laundries and Workhouses Inquiry and Redress Bill

Date produced: September 2025

Below is a summary of the Northern Ireland Human Rights Commission's (NIHRC) recommendations and messages. You can also download the full document through the links provided.

Summary of Recommendations

2.5 The NIHRC advises that the Committee for the Executive Office seeks assurances from the Executive Office that the temporal scope of the public inquiry into Mother and Baby Institutions, Magdalene Laundries and Workhouses in NI is as expansive as possible and does not directly or inadvertently lead to discrimination towards any victim and survivor. In particular, that clauses 1(4) and 1(5) of the Bill enable the pathways and practices surrounding Mother and Baby Institutions, Magdalene Laundries and Workhouses, and their effects, to be effectively investigated in their entirety, particularly in the context of family separation.

2.11 The NIHRC recommends that the Committee of the Executive Office brings forward an amendment to clause 1(6) of the Bill so that, in preventing duplication between the proposed new inquiry and the Historical Institutional Abuse Inquiry, it does not prevent the new inquiry from following any obvious and reasonable line of investigation for the purposes of its consideration of Mother and Baby Institutions, Magdalene Laundries and Workhouses in NI.

2.17 The NIHRC advises that the Committee of the Executive Office encourages the Executive Office to review clause 5 of the Bill and ensure that it does not enable the exclusion of a situation where the right to family life of the mother and best interests of the child were disproportionately denied or ignored due to the actions, pathways and practices of prescribed institutions, public bodies or other persons from investigation by the proposed inquiry, even if it involved the biological father.

2.18 The NIHRC advises that the Committee of the Executive Office encourages the Executive Office to review clause 5 of the Bill and ensure that placement with the biological parent of the child does not prevent the effective investigation of abuse that was suspected or occurred in the lead up to this outcome.

2.25 The NIHRC advises that the Committee of the Executive Office engages with the Executive Office to ensure that the Bill requires that the focus of a public inquiry into Mother and Baby Institutions, Magdalene Laundries and Workhouses in NI is to establish what happened, why it happened, who was responsible and what can be done to prevent reoccurrence. This must include a thorough, objective and impartial analysis pursuing all obvious lines of inquiry. It should also include express consideration of the pathways and practices associated with prescribed institutions, public bodies or other persons in this context, including their intragenerational and intergenerational effects.

2.33 The NIHRC advises that the Committee for the Executive Office explores with the Executive Office whether the Bill enables the terms of reference to be sufficiently flexible to enable the public inquiry to consider all evidence uncovered by or provided to it that is relevant. Adopting a victim-centred approach, this must involve the meaningful involvement of victims and survivors within designing, participating in and engaging with the inquiry process, including in the drafting and altering of the terms of reference.

2.38 The NIHRC recommends that the Committee of the Executive Office amends the Bill to include a requirement to consult with victims and survivors on the expansion of what constitutes a ‘prescribed institution’ for the purposes of the proposed inquiry.

2.39 The NIHRC recommends that the Committee of the Executive Office removes clause 3(3) of the Bill to protect the proposed inquiry’s definition of a ‘prescribed institution’ from undue political influence.

2.45 The NIHRC recommends that the Committee of the Executive Office amends the Bill to ensure that implementation of clauses 4(2) and 4(3) are subject to limitations that ensure any individual that was involved in or suspected of being involved in abuses and violations linked to Articles 2, 3 and/or 4 of the ECHR is deemed a ‘relevant person’ for the purposes of the proposed inquiry and subject to a thorough and effective investigation accordingly. These limitations should be clearly set out within the Bill.

2.46 The NIHRC recommends that the Committee of the Executive Office amends the Bill to include a requirement to consult with victims and survivors on any amends to what constitutes a ‘relevant person’ for the purposes of the proposed inquiry.

2.47 The NIHRC recommends that the Committee for the Executive Office amends clause 5 of the Bill to read “a chairperson with at least X other members”. The minimum amount selected should enable a gender balance and cover the full range of expertise required by the proposed inquiry. The selection process for the chairperson and inquiry panel members should involve meaningful consultation with victims and survivors, with particular consideration given to any objections. The selection process should also include sufficient safeguards to guarantee independence and impartiality.

2.54 The NIHRC advises that the Committee for the Executive Office confirms with the Executive Office its plans to ensure that the chairperson, panel, staff and expert associates of the inquiry have received up-to-date expert training on a human rights based approach, a victim-centred approach and a trauma-informed approach regarding investigations, and understand how to implement these approaches in practice.

2.55 The NIHRC recommends that the Committee for the Executive Office amends the Bill to include that the inquiry is not to be inhibited in the discharge of its functions by any likelihood of liability being inferred from facts that it determines or recommendations that it makes.

2.56 The NIHRC recommends that the Committee for the Executive Office amends clause 5 of the Bill to read “a chairperson with at least X other members”. The minimum amount selected should enable a gender balance and cover the full range of expertise required by the proposed inquiry. The selection process for the chairperson and inquiry panel members should involve meaningful consultation with victims and survivors, with particular consideration given to any objections. The selection process should also include sufficient safeguards to guarantee independence and impartiality.

2.57 The NIHRC advises that the Committee for the Executive Office confirms with the Executive Office its plans to ensure that the chairperson, panel, staff and expert associates of the inquiry have received up-to-date expert training on a human rights based approach, a victim-centred approach and a trauma-informed approach regarding investigations, and understand how to implement these approaches in practice.

2.68 The NIHRC advises that the Committee of the Executive Office engages with the Executive Office to ensure that clause 7(2) of the Bill cannot be interpreted in such a way that inadvertently compromises the proposed inquiry’s independence and impartiality, particularly regarding the involvement of potential perpetrators.

2.70 The NIHRC advises the Committee for the Executive Office that clause 8 of the Bill is a welcomed inclusion for ensuring the independence, impartiality and competence of the inquiry panel.

2.76 The NIHRC recommends that the Committee for the Executive Office amends clause 9(1) of the Bill to read ‘the chairperson may appoint one or more persons to act as assessors to assist the inquiry panel, where necessary, to provide the inquiry panel with the expertise its needs to fulfil its terms of reference’.

2.77 The NIHRC recommends that the Committee for the Executive Office amends clause 9(3) of the Bill to read ‘where reasonable, the chairperson may at any time suspend or terminate the appointment of an assessor’.

2.78 The NIHRC recommends that the Committee for the Executive Office amends the Bill to ensure that a victim or survivor with particular expertise is not excluded from being an assessor and that the necessary safeguards regarding independence and impartiality are in place to support this approach.

2.86 The NIHRC recommends that the Committee for the Executive Office amends clause 10(1) of the Bill so that the chairperson ‘must’ appoint an Advisory Panel. This should be framed in a way that respects a trauma-informed approach and the views of victims and survivors, if they do not wish to be directly involved in the inquiry, there should be no onus or pressure on an individual or group to be.

2.87 The NIHRC recommends that the Committee for the Executive Office includes within clause 10 of the Bill a provision expressly enabling Advisory Panel members to terminate their involvement of their own accord.

2.88 The NIHRC recommends that the Committee for the Executive Office amends the Bill to include a provision that enables victims, survivors and their relatives to be become core participants of the proposed inquiry, if they so wish.

2.89 The NIHRC advises that the Committee for the Executive Office confirms with the Executive Office its plans to ensure that the proposed inquiry includes safeguarding mechanisms for the purposes of creating and maintaining a safe space for victims, survivors and their relatives to participate in and engage with the proposed inquiry.

2.90 The NIHRC recommends that the Committee for the Executive Office amends clause 10(5) of the Bill to include nieces and nephews within the definition of a relative for the purposes of the Advisory Panel to the proposed inquiry.

2.94 The NIHRC advises that the Committee for the Executive Office explores with the Executive Office what safeguards are in place to ensure that implementation of clause 11 of the Bill, and subsequent suspension of the proposed inquiry, does not negatively affect a prompt and effective investigation associated with the scope of the proposed inquiry, be it through the inquiry itself or another human rights complaint form of investigation.

2.98 The NIHRC advises that the Committee for the Executive Office explores with the Executive Office a more appropriate way to deliver what clause 12(1)(b) of the Bill is attempting to achieve. In a manner which ensures that a thorough, independent and impartial investigation can be completed by the proposed inquiry without it being prematurely closed for an undue reason.

2.104 The NIHRC recommends that the Committee of the Executive Office amends clause 13(4) of the Bill to read “the chairperson must act with fairness, independence and impartiality”.

2.105 The NIHRC recommends that the Committee of the Executive Office removes the reference to costs in clause 13(4) of the Bill to ensure a thorough investigation can be conducted, without being unduly constrained by financial considerations.

2.109 The NIHRC recommends that the Committee for the Executive Office amends clause 14(1) of the Bill to read “the chairperson must take reasonable steps to secure that, as appropriate and necessary, victims, next of kin, close family members, and members of the public (including reporters) are able” to have access to the inquiry proceedings and information.

2.110 The NIHRC recommends that the Committee for the Executive Office includes within the Bill a commitment to undertake ground-rule hearings at the start of the inquiry process, which would have the aim of hearing the views of victims, survivors and experts on what is required to ensure a victim-centred and trauma-informed inquiry process, with a view to establishing how and when victims and survivors will be engaged with and involved in the inquiry process. Also, to clarify the information victims and survivors will have access to.

2.120 The NIHRC recommends that the Committee for the Executive Office amends clause 15(4) of the Bill to include the requirement for the specific rights of victims, next of kin and close family members to be considered when establishing whether a restriction on access to inquiry proceedings and information can be imposed.

2.121 The NIHRC advises that the Committee for the Executive Office seeks assurances from the Executive Office that there are sufficient safeguards within clause 15 of the Bill to ensure that consideration of delay when establishing whether a restriction is imposed does not lead to a rushed or unduly hurried investigation.

2.122 The NIHRC recommends that the Committee for the Executive Office removes references to costs within clause 15(4)(d)(ii) of the Bill as a justification for introducing restrictions on public access to the inquiry proceedings and information.

2.123 The NIHRC recommends that the Committee for the Executive Office amends clause 15 of the Bill adding that “nothing in this section is intended to prevent witnesses from passing on evidence that they themselves have given to the inquiry, either during the inquiry or after it has ended”.

2.124 The NIHRC recommends that the Committee for the Executive Office amends clause 14(2) of the Bill to include express mention that the chairperson must consider the ECHR in its considerations on whether to allow broadcasting during proceedings.

2.132 The NIHRC recommends that the Committee for the Executive Office amends clause 16 of the Bill to ensure that the specific rights of victims, next of kin and close family members to information is a factor in determining whether a notice for evidence is revoked or varied.

2.133 The NIHRC recommends that the Committee for the Executive Office amends clause 16 of the Bill to ensure that a victim-centred approach is adopted to who can be put on notice to provide evidence to the proposed inquiry.

2.134 The NIHRC recommends that the Committee for the Executive Office amends clause 18 of the Bill to include a requirement that the inquiry panel includes recommendations within its inquiry report.

2.137 The NIHRC recommends that the Committee for the Executive Office amends clause 18 of the Bill to include a requirement that the inquiry panel includes recommendations within its inquiry report.

2.138 The NIHRC recommends that the Committee for the Executive Office amends clauses 18 and 20 of the Bill so that there is a requirement for the First Minister and deputy First Minister and/or NI Assembly to provide a formal response to the inquiry report.

2.144 The NIHRC recommends that the Committee for the Executive Office amends clause 19(5) of the Bill to read ‘or such a reasonable period as may be agreed between the First Minister and deputy First Minister acting jointly and the chairperson’.

2.145 The NIHRC recommends that the Committee for the Executive Office includes within clauses 19(3) and 19(4) of the Bill a duty to consider the specific rights of victims, survivors and relatives regarding access to information.

2.148 The NIHRC advises that the Committee for the Executive Office explores with the Executive Office that sufficient safeguards are in place to ensure that the Executive Office’s obligations regarding costs set out within clauses 21 and 22 of the Bill are not enforced or managed in such a way that the inquiry’s investigation becomes constrained and dictated to by costs, as opposed to what is required to ensure a thorough investigation is conducted.

2.150 The NIHRC recommends that the Committee for the Executive Office removes the 14-day limit in seeking a judicial review from clause 26(1) of the Bill and reinstating the typical approach of three months to ensure a victim-centred and trauma-informed approach.

2.154 The NIHRC advises that the Committee of the Executive Office explores with the Executive Office whether it is appropriate, given the need for an independent and impartial inquiry, for the Executive Office to be enabled to make rules on matters of evidence and procedure beyond the Bill that establishes the inquiry as set out in clause 27(1)(a) of the Bill.

2.155 The NIHRC recommends that the Committee of the Executive Office includes within clause 27 of the Bill a requirement on the Executive Office to establish a public archive of inquiry evidence, once the inquiry ends.

3.10 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that the full breadth of the right to an effective remedy is reflected within the Bill and/or additional mechanisms. This includes ensuring that Part 2 of the Bill contains provisions aimed at restoring victims and survivors to the situation they were in before any human rights violation occurred. This includes providing for a statutory right to appropriate, effective and accessible rehabilitation services for victims and survivors, including access to physical and mental health services, as required. The need should be established through consideration of the specificities of each individual case.

3.11 The NIHRC advises that the Committee for the Executive Office seeks clarity from the Executive Office on how provisions set out in the Administrative and Financial Provisions Bill will relate to victims and survivors of Mother and Baby Institutions, Magdalene Laundries and Workhouses. If these provisions are intended to extend to victims and survivors of Mother and Baby Institutions, Magdalene Laundries and Workhouses, it should be made clear when and in what capacity these services will be made available. If this is not the intention, the Executive Office should provide a clear reason for the differentiation in approach.

3.17 The NIHRC advises that the Committee for the Executive Office explores with the Executive Office what would be considered as professional qualifications or experience under clause 5(7) of Schedule 1 of the Bill. To maintain the independence of the Redress Service, this should either be stated within the Bill itself, or by accompanying guidance as soon as practicable.

3.28 The NIHRC advises that the Committee for the Executive Office explores with the Executive Office the reasoning for the inclusion of clause 31(3)(b) of the Bill and amending the Bill to ensure that, if clause 31(3)(b) is retained, that its parameters are made clear at this point in the legislative process. There should be sufficient safeguards in place to protect against secondary victimisation.

3.36 The NIHRC advises that the Committee for the Executive Office explores with the Executive Office its explanation for why a family member is not eligible to access a redress payment if the victim died before 29 September 2011. This includes raising concerns at the suitability and human rights compliance of such an approach.

3.43 The NIHRC recommends that the Committee for the Executive Office removes clause 31(8) of the Bill and replaces it with a provision that ensures that victims of multiple institutions, or the same institution on multiple occasions, can avail of the standardised payment scheme for each separate occasion.

3.44 The NIHRC advises that the Committee for the Executive Office seeks confirmation from the Executive Office about the existence and details of concrete plans and timeframes regarding the legislation intended to introduce the Individual Assessed Payment Scheme. It is encouraged that this additional legislation is introduced promptly and works in partnership with the proposed Truth Recovery Redress Service to fill any gaps in promoting and protecting the right to an effective remedy that exists with the proposed approach taken with the standardised payments. It is further advised that this additional legislation takes into account individual circumstances and the needs of each eligible victim and survivor, ensuring that these are reasonably accommodated and that the individual payment offered is proportional to the individual harm caused by the relevant institution(s).

3.49 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that the Truth Recovery Redress Service is publicised effectively across NI and through a variety of mediums, including offline channels. Also, that the application process is expeditious and accessible. This includes ensuring that specific needs are identified and reasonably accommodated for the purposes of accessibility and understanding of the initial information and subsequent application process. This requires specific consideration of the needs of groups at high risk of marginalisation, such as people with disabilities, ethnic minorities and people in places of detention.

3.50 The NIHRC recommends that the Committee for the Executive Office introduces a provision within the Bill that enables the Truth Recovery Redress Service to take account of and reasonably accommodate legitimate reasons for late applications, given the sensitive nature of the proposed inquiry.

3.56 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that the Truth Recovery Redress Service implements a victim-centred approach to the delivery of redress, including by providing training to panel members and all relevant personnel on a human rights based approach, victim centred approach and trauma-informed approach, with a view to sensitising them to the needs of victims and survivors. This includes working closely with victims and survivors and their representative organisations to implement this approach.

3.57 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that sufficient support is available and freely accessible to victims and survivors regarding the Truth Recovery Redress Service. This includes, building on and guaranteeing necessary resources to the existing Victims and Survivors Service, that all victims and survivors have access to free, confidential and independent practical and emotional support, as required. Also, that this support is expanded to include a legal support service that offers free and confidential support and financial counselling to all victims and survivors that need it.

3.61 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that the appeals process for the Truth Recovery Redress Service is victim-centred and trauma-informed, including that all legal advisors and other professionals who engage with the Redress Service receive appropriate, specialised training. This includes ensuring that victims and survivors and their representative organisations are meaningfully engaged with to ensure this approach is effective.

3.62 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that the appeals process for the Truth Recovery Redress Service is suitably effective in practice, including that it adheres to the principle of independence. This could involve enabling victims and survivors to request oral hearings for which a victim can have representation. Also, that the option is included that the appeal can be transferred to a different appeals panel.

3.65 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that orders restricting the disclosure of information with regard to the Truth Recovery Redress Service do not hinder the sharing of or access to the information required to advance the work of the Truth Recovery Inquiry.

4.7 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure that the Inquiry and Redress Scheme is fully consistent with Windsor Framework Article 2.

4.8 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to guarantee victims and survivors access to remedies and redress equal to the minimum standards required under EU law.

4.9 The NIHRC advises that the Committee for the Executive Office engages with the Executive Office to ensure exclusionary eligibility criteria that risks diminishing rights is avoided.

Open full report here