HSE fear of legal threat at Bessborough nuns’ past actions

IRELAND
Irish Examiner

Wednesday, January 06, 2016

By Conall Ó Fátharta
Irish Examiner Reporter

The HSE expressed repeated concerns that the past actions of Bessborough adoption agency meant it had to be indemnified against any legal action taken by people seeking their records.

The concerns were raised throughout 2009 and 2010, in material released under Freedom of Information Act, as the Sisters of the Sacred Hearts of Jesus and Mary prepared to cease operating Bessborough as an adoption agency and transfer some 15,000-plus files to the HSE. An undated memo of a meeting the HSE held with the management group from the religious order notes its desire to “manage liability for past Bessboro responsibility and ongoing re their activities as an adoption agency when and if it arises”.

In a letter on February 8, 2010, to solicitors representing the order, childcare manager in the HSE South region, Mike van Aswegen, said the HSE needed this assurance, as it had reason to believe that the past practices of the agency had “not always been exemplary”.

“In your correspondence, you refer to the need for providing an indemnity. I believe that in this case we will need to be provided with this comfort, as we have good reason to believe that the practice from the agency has in the past not always been exemplary,” he wrote.

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