In support of our claim to the Attorney General, we cited public comments by former judge of the Irish Supreme Court, Catherine McGuinness about the historical defect of real choice afforded to mothers to keep their infants. Judge McGuinness had commented from her direct experience as a former member of the official Irish Adoption Board: "they really hadn't a great deal of choice.... they were, shall we say, 'encouraged' to place their children for adoption". [Ray Darcy Show Audio]
Our genocide claim also cited public comments by former Irish Minister for Justice, Paddy Cooney who addressed the seminal Irish Adoption Workers Conference, saying: "I think that we are all agreed that the consensus opinion in our society is to the effect that adoption is better for the illegitimate baby than to be cared for by its mother".
In Irish law, genocide is not subject to being statute-barred by reason of elapsed time since the alleged crimes. Nevertheless our case is confined to mothers only because our genocide claim derives from the perpetrators definitively religious characterization of our motherhood. At this time we have not communicated with the Irish Director of Public Prosecutions office, because we are affording the State time to consider these novel legal matters.
We will not ask the ICC to prosecute these issues. We seek only a domestic prosecutor. However we have urged the Irish Attorney General and the President of the International Criminal Court, Judge Silvia Fernández de Gurmendi to use the established ICC conduits of informal consultation to ensure that Ireland now follows best practice. We maintain that international genocide laws would be brought into disrepute if the Irish State fails to apply the same rigour in dealing with domestic allegations, as it would impose on external State parties to international genocide agreements.
Irish First mothers has in recent years been invited to consult in regard to these issues with two Ministers of Government; testified on invitation to a committee of the Irish parliament and on invitation to the Investigation Committee of the Commission of Investigation into Mother and Baby Homes.