PRESS RELEASE: Grandson introduces ‘Mary’s Law’ – A Bill to Recognise Irelands Institutional ‘Pre-Deceased’ Persons
- Frank Brehany
- 3 hours ago
- 6 min read
On this date, 54 years ago, Mary Julia Breheny died within the infamous High Park Magdalene Laundry in Dublin having spent over 40 years in that Institution. Frank Brehany (See Note 1), has today formally launched a bid to bring his draft Bill, also known as “Mary’s Law”, before members of the Oireachtas in the hope that he can secure support or sponsorship for this important initiative. “Mary’s Law” takes its name from Frank’s Grandmother who spent over 42 years as an inmate within Ireland’s Magdalene system (See Note 2).
As he researched his family history, Frank realised that there is a failure to properly recognise the status of ‘pre-deceased’ persons who were once inmates of Ireland’s Institutional system (Mother and Baby Homes, Magdalene Laundries, Industrial Schools etc). This category of people are found within the many women and children who died before a State Apology for Institutional wrongs or a Redress Scheme; such an apology or scheme prevents them and their families from progressing any type of a claim within a Redress scheme. ‘Pre-deceased’ lives are not formally recognised.
To rectify that deficit, Frank created a draft Bill entitled: The Institutions (Pre-deceased Persons – Amendments) Bill 2026
His draft Bill provides for the recognition of those ‘pre-deceased’ persons through:
An ‘In Memoriam’ payment made, following an application by a surviving family, to a State registered charity;
Surviving family applicants to then receive a co-signed copy of the relevant state apology by An Taoiseach & Uachtarán na hÉireann;
The ‘pre-deceased’ person and their representatives will receive a formal recognised status within any state created transitional justice initiatives;
Frank’s draft Bill is accompanied by a breakdown of its public expenditure cost (See Note 3).
Frank recognises the challenges that lie ahead in presenting this draft Bill to members of the Oireachtas (See Note 4); he also recognises that on the Ireland of Ireland there exists a precedent for its provisions (See Note 5).
Frank states:
“Justice comes in many forms, one of which is recognition. Through the patchwork of Ireland’s redress schemes and subsequent Acts, I can understand how this important category of persons, victims of a system that delivered failures in their legal and constitutional rights, have been forgotten against the State and Victims & Survivors imperatives. Whilst there are many who are unhappy with the various schemes to date, I am hoping that through this initiative, a narrative can be created, and positive action secured for this long-forgotten group of individuals and their families”.
He concludes:
“It is my fervent hope that members of the Oireachtas will support or sponsor my draft Bill and develop a consensus to support its provisions. This Bill is not about enrichment, but of recognition and reconciliation. I have designed the Bill to pay-forward a small benefit arising from the past, to help those with needs both in the present day and into the future. It is both a positive and necessary Bill and I believe that it will not only help to close the gap of invisibility, but to also create a positive environment for those who remain aggrieved with a system that was meant to help them. I stand ready to help members of the Oireachtas to achieve the objectives of my draft Bill”.
| End |
Note 1 :
Frank is now both a retired police officer and solicitor. For the last 27 years he has been engaged in legal activism primarily for Travel Consumer Related issues. He has created over 80 stakeholder reports on the Consumer detriment, along with representing Consumer interests at International level, both in the EU and the USA. His longstanding Consumer activism now relates to contaminated cabin air in civil aircraft. His first book, ‘Gaspers’ provides guidance to Consumers on Cabin Air Quality issues; the second edition will be published in early 2026. Since 2010, Frank has been researching the background to ‘A Magdalene Rose’, travelling the length and breadth of Ireland to discover its truths; Frank published this book in 2025. He has extensive radio, TV and press media experience and offers flexibility in his engagements. He is available for interview remotely either in-studio (schedules permitting), by telephone (Facetime, WhatsApp etc) or by video.
Note 2:
In 1930, Frank’s Grandmother (Mary Julia Brehany) and Grandfather (Patrick Cleary) were known for some time be ‘sweet’ on each other, in the Portumna area, Co. Galway. Upon discovery that she was pregnant, they were denied a dowry and marriage. She passed through the Loughrea County Home, gave birth in Galway Central Hospital, remained with my Father (also Frank Brehany) for the first 10 days of his life and was then transferred to the Tuam home. One year later, she was ‘released’ from the Tuam home and some 15 weeks later, she was transferred to the High Park Magdalene Laundry in Dublin. She remained in High Park until her death in 1972. She was one of the 155 women purported to have been exhumed from High Park in 1993 and reinterred in Glasnevin; questions on her death and disposal remain. My Father remained in Tuam until he was 5 years of age and then boarded-out. My Grandfather appeared before the Portumna District Court on 14/4/1931, charged with being a ‘putative father, a charge he did not deny; Frank continues to receive information about the sad issues flowing from this deeply personal event.
Note 3:
The Bill is a relatively short Bill and provides for various existing laws or processes to be amended by the Minister to reflect its provisions. The Bill contains an interpretation section and also features standard clauses which also appear within Oireachtas Bills/Acts. The sum suggested in my Bill for an ‘In Memoriam’ payment is set at €25,000. The scheme under my Bill is scheduled to run for 25 years. Attached to the Bill is a breakdown of the ‘In Memoriam’ value paid to applicants from year 1 to year 25. The Bill’s breakdown creates a realistic tapering off of applications and therefore the value paid to applicants. The total value paid to applicants over its 25 year term is estimated to be €29,750,000. The breakdown document does not however estimate the administrative costs of running the scheme as such costs will be unknown to its author. An additional feature that may be considered by the Oireachtas, is whether an annual inflation increase should be factored into its provisions – this has not been added by the author of the breakdown. In terms of State funding and initiatives, it is arguably modest in financial terms.
Apart from the financial implications, there is the question of what value does this Bill bring to the State or the government? Historical Institutional issues contain many running sores and public dissatisfaction. The Bill is an opportunity to reflect upon the patchwork of Redress schemes and to consider how the ‘pre-deceased’ issue could act as a unifier of public opinion; to provide recognition for those who remain present in the Institutional story, but are forgotten; they are invisible. The Bill is an opportunity to increase public recognition that politics listens. The analogy related to ‘listening’ is found in the above mentioned NI provision. Reflecting a similar provision in ROI would present a realisation that the Institutional ‘pre-deceased’ on the Ireland of Ireland are universally and politically recognised (whatever about having to balance or harmonise laws in the event of unification). It presents many positive political outcomes, particularly within the Institutional community.
Note 4:
On the challenges relating to his draft Bill, Frank understands that where a Bill incurs a charge to be paid by the State, he is aware that there are important Constitutional issues at stake.
He also recognises that whilst it would be ideal to see this Bill introduced as a Government Bill, at this stage it would be more likely introduced as a Private Members Bill. He notes that as his Bill introduces a public expenditure element, it would need the support of government through the issuing of a ‘money message’ to support such expenditure, thus allowing the Bill to proceed through the Oireachtas.
Frank does not underestimate the process of the Oireachtas, which is why he hopes that members of the Oireachtas can help him to achieve a political consensus for his Bill.
Note 4:
Reference is made in this release to a precedent for recognition for ‘pre-deceased’ persons. In the North of Ireland, Under Section 6 of the Historical Institutional Abuse (Northern Ireland) Act 2019[1], provision is made for a limited surviving family cohort to make an application for a payment under that scheme (this limitation potentially offers a generational disadvantage). The ‘pre-deceased’ period is set from 28 April 1953 to the State Apology made in March 2022. The amount of compensation is assessed by the Redress Board and shared amongst family members. There is a current debate and concern about the cut-off date for applications which will have an impact on knowledge and generational issues.
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