Philomena's Law came into effect in Britain today, removing the risk that made many survivors of Ireland's mother and baby homes reluctant to claim financial redress for fear of losing welfare benefits. The law, named after campaigner Philomena Lee, ring-fences payments from the Irish Government's redress scheme so they no longer count towards means-tested income. Labour MP Liam Conlon, who promoted the bill, called it a historic day and the first time British law has ring-fenced a payment from a foreign government.
Up to 13,000 people living in Britain may be eligible under the Irish scheme, but only about a thousand have claimed so far, in part because the payment could have reduced entitlements such as Housing Benefit, Pension Credit and care home payments, leaving survivors worse off.
The law began life as a private members bill 18 months ago. It is named after Philomena Lee, originally from Limerick, whose story of the forced adoption of her son from a convent was turned into an Oscar-nominated film starring Judi Dench and Steve Coogan.
Mr Conlon, MP for Beckenham and Penge, told RTÉ News: "It's the first time ever in British law that a payment from a foreign government has been ring-fenced, and it's all been about the 13,000 survivors of Ireland's mother and baby homes living in Britain."
Philomena's daughter and fellow campaigner Jane Libberton was at the London Irish Centre in Camden to mark the start of the law. "I think it's amazing," she said. "I think it's a really good thing because I hope it allows more people to actually claim for the redress scheme." She said her mother, now 93 and recently moved into a care home, was delighted: "She's 93 now and is getting a bit frailer, but she was absolutely delighted."
Mr Conlon said the film helped build cross-party support for the bill. "People in Britain, when you're trying to talk to them about this story, may not have heard of mother and baby homes, but they've all heard of Philomena Lee and the film Philomena," he said. "People really connected with that and it helped to build support."
Irish in Britain, a group that campaigned for the law, said the priority now is to tell eligible survivors about the change. Policy and research manager Rosa Gilbert said: "Now that we have this law, the message is to ensure that survivors based in Britain apply to the scheme." She noted the redress scheme is about halfway through its lifespan, with only another two and a half years for claims, and said survivors can apply "without fearing that their Housing Benefit, Pension Credit or other means-tested benefits will be cut off."
Irish in Britain said there had been a notable lack of uptake in Scotland, and Rosa Gilbert said the message was for people to come forward now. Mr Conlon said campaigners had heard of people who came forward, made an application and then “pressed pause”, and that the next task is to contact thousands more eligible survivors and support them through the process.
Analysis
Why This Matters
- Survivors of Ireland's mother and baby homes living in Britain can now accept redress payments without losing Housing Benefit, Pension Credit or other state support, removing a major barrier to claiming.
- Uptake has been low: only about 1,000 of up to 13,000 eligible people in Britain have claimed, so the law could unlock compensation for many more.
- The Irish redress scheme is open to new claims for only about another two and a half years, giving campaigners limited time to reach survivors.
Background
Philomena's Law began as a private members bill promoted by Labour MP Liam Conlon and passed about a year and a half later. It addresses an injustice in which survivors of Ireland's mother and baby homes could receive financial redress from the Irish Government, but the payment counted as income for means-tested benefits in Britain, so accepting it could cost them more than they gained. The law is named after Philomena Lee, whose story of her son's forced adoption from a convent was told in the Oscar-nominated film Philomena.
Key Perspectives
Liam Conlon, Labour MP: Called the change "massive" and "a historic day", saying it is the first time British law has ring-fenced a payment from a foreign government and that people had been reluctant to come forward because of the penalty.
Jane Libberton, campaigner and Philomena Lee's daughter: Said the law is amazing and hopes it allows more people to claim, adding that many eligible people do not know about the scheme.
Rosa Gilbert, Irish in Britain: Said the message now is for survivors in Britain to apply to the scheme, because benefits are ring-fenced and there are only two and a half years left to claim.
What to Watch
- Whether the number of claims from Britain rises sharply in coming months, particularly in Scotland, where uptake has been notably low.
- Campaign efforts by Irish in Britain and the London Irish Centre to publicise the change through helplines and community outreach.
- The approach of the redress scheme's application deadline, about two and a half years away, which will shape the urgency of the campaign.
Checked
11 claims in this story checked against 1 source: 8 supported.
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- Partly supportedThe summary says survivors can claim compensation without losing welfare support, without limiting this to eligible survivors living in Britain and claiming under the Irish scheme.RTÉ News: “Up to 13,000 people living in Britain may be eligible to claim under the scheme”
- Partly supportedLiam Conlon is quoted as saying, “People in Britain, when you're trying to talk to them about this story...”RTÉ News: “"I think people in Britain, when you're trying to talk to them about this story, may not have heard of mother and baby homes, but they've all heard of Philomena Lee and the film Philomena," he said.”
- SupportedPhilomena's Law has come into effect in Britain and protects Irish redress payments from affecting welfare support.RTÉ News: “In Britain, Philomena's Law comes into effect today. Named after campaigner Philomena Lee, the law stops people in Britain losing social welfare entitlements and other state supports if they receive a payment from the Irish Government's mother and baby homes redress scheme.”
- SupportedThe law addresses survivors' reluctance to claim because the payment could count as means-tested income and put support at risk.RTÉ News: “many in the UK have been reluctant to take it because it would have counted towards their means tested income. And that could have cost them social welfare and other state supports like care home payments, leaving them worse off.”
- SupportedUp to 13,000 people living in Britain may be eligible, and about 1,000 have claimed so far.RTÉ News: “Up to 13,000 people living in Britain may be eligible to claim under the scheme, but so far only about a thousand have done so.”
- SupportedThe law began as a private members bill 18 months ago.RTÉ News: “which came into effect today - just a year and a half after beginning life as a private members bill promoted by Labour MP Liam Conlon.”
- SupportedConlon said it was the first time British law had ring-fenced a payment from a foreign government.RTÉ News: “He told RTE News: "It's the first time ever in British law that a payment from a foreign government has been ring-fenced”
- SupportedPhilomena Lee's story of the forced adoption of her son from a convent was made into an Oscar-nominated film starring Judi Dench and Steve Coogan.RTÉ News: “whose story of the forced adoption of her son from a convent was turned into an Oscar-nominated movie starring Judi Dench and Steve Coogan.”
- SupportedPhilomena Lee is 93 and recently moved into a care home.RTÉ News: “Philomena herself has recently moved into a care home”
- Partly supportedIrish in Britain reported notably low uptake in Scotland.RTÉ News: “especially in Scotland where there has been a notable lack of uptake of the scheme.”
- SupportedConlon said campaigners had heard of applicants who paused their applications and that the next task was to contact and support thousands more eligible survivors.RTÉ News: “We've heard stories of people who came forward, made an application and then pressed pause. ... What we need to do now is contact thousands more survivors who are eligible, let them know about it and support them through the process.”