Man takes action against Tusla for information about sister in Tuam home
The High Court has granted leave to a Co Galway man seeking information about his sister who may have died in the Tuam Mother and Baby Home to bring an action against the Child and Family Agency.
The case has been brought by Peter Mulryan, whose infant sister Marian Bridget Mulryan is believed to be among 796 children recorded as having died there. His proceedings against Tusla are aimed at getting any information that may exist about her.
On Monday permission to bring the action was granted by Mr Justice Richard Humphreys, following an application by Deidre O’Donohoe BL instructed by solicitor Kevin Higgins, for Mr Mulryan.
Previously the court heard that Mr Mulryan went with his mother to the Tuam home in July 1944, his mother later appeared to have gone to a Magdalene institution and he was sent away at age four.
Mr Mulryan, a retired ESB technician of Derrymullen, Ballinasloe, Co Galway, has brought proceedings against the Child and Family Agency Tusla aimed at securing various orders and declarations from the court.
Mr Mulryan seeks a declaration that communications sent to his solicitor in May, June and November 2016 cumulatively gave rise to a legitimate expectation that a social worker would assist Mr Mulryan by investigating all records in its possession to ascertain what information it has about his sister.
The documentation he seeks to be investigated should include burial records, admission books, death certificate, documents concerning children sent to the US, Ireland or elsewhere for adoption that contain information and correspondence from the Tuam home relating to his sister.
He also seeks an order that Tusla provide him with a printed booklet containing all the documentation it has it in its power and possession in respect of St Mary’s Home Tuam that has any information about the life and or the presumed death of his sister.
The matter, which had been before the courts on several previous occasions so that certain legal matters could be clarified, was adjourned by the Judge for four weeks.
After leave to bring the action was granted Higgins thanked the judge for the time he had put into considering the application.
The solicitor also asked the court if an offer made by Tusla to facilitate an inspection by Mr Mulryan of the material in its possession including documents that had been scanned by the Mother and Baby Homes Commission of Investigation, remains open.
Tusla, represented by Mary Phelan BL said that the offer still stood.
Aodhan O’Faolain, Ireland International News Agency Ltd.