Unmarried Mothers: the Legislative Context in Ireland, 1921 – 79
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UNMARRIED MOTHERS: THE LEGISLATIVE CONTEXT IN IRELAND, 1921 – 79 By Ann – Marie Graham THESIS FOR THE DEGREE OF M.LITT. DEPARTMENT OF HISTORY NATIONAL UNIVERSITY OF IRELAND MAYNOOTH Supervisor of Research: Professor J.R. Hill May 2012 CONTENTS Page No. Contents i Acknowledgements ii Abbreviations iii Introduction 1 Chapter One: The changing status of women in twentieth-century Ireland 14 Chapter Two: The Irish Free State and the unmarried mother, 1920 – 39 41 Chapter Three: A welfare state, 1940 – 69, for the unmarried mother? 74 Chapter Four: The turning tide: Ireland in the 1970s 105 Conclusion 139 Bibliography 146 Appendix A: Sample letter sent to regional newspapers 157 Appendix B: Sample copy of information sheet and participant 158 consent form Appendix C: Interview with Moira Hayden and Mary Murphy, 160 Regina Coeli Hostel Appendix D: Interview with anonymous unmarried mother, Naas, 168 County Kildare Appendix E: Interview with Paud Sexton, Killeenboy, County 173 Roscommon Appendix F: Interview with Stephen Lalor, 3 Kennilworth Lane, 177 Rathmines, Dublin 6 i Acknowledgements My first acknowledgment must go to my supervisor, Professor Jackie Hill, who has supported and encouraged me throughout this process. Members of the History Department in N.U.I. Maynooth also deserve acknowledgment for their support and encouragement while I took both my undergraduate and postgraduate degrees. Dr. Jennifer Redmond must also be mentioned for without her this thesis may never have been written. Lastly I would like to thank my family. Mam, Dad, JJ, Darragh and Alan thank you for your support, encouragement, love and care. Without you I would have never succeeded. ii Abbreviations D.D.A.: Dublin Diocesan Archives N.A.I.: National Archives of Ireland N.L.I.: National Library of Ireland C.P.R.S.I.: Catholic Protection and Rescue Society of Ireland I.F.S.: Irish Free State iii Introduction Between 1922 and 1979 over 100,000 illegitimate children were born in Ireland – not a particularly high number, and yet the cause for concern on the part of both the Irish government and the Catholic church over who were somewhat fixated over these births. The ‘problem’ of the unmarried mother and child has been extensively documented by historians and sociologists for a number of years, however, the Irish state’s role in the treatment of this class of people has been comparatively neglected. It is the aim of this thesis to document the state’s role in the treatment of unmarried mothers by providing an overview of the law concerning the unmarried mother in independent Ireland between 1921 and 1979. The period under consideration is particularly important in the context of change. The twentieth century has often been described as one of the most tumultuous centuries in history and indeed this is particularly true in the Irish context. With the culmination of the War of Independence, the establishment of the Irish Free State and the devastating effect of the Irish Civil War, there was a conscious attempt by the Irish government to move away, in some respect from what was considered ‘British’. In this study the focus is limited to the twenty-six counties. Ireland was promoted as a Catholic and morally pure country, thus those who transgressed this moral code were frowned upon and, if possible, were to be somewhat hidden from society. Unmarried mothers and their children were one such group, and this thesis aims to explore the transition from an Irish state that tried firstly to prevent activities that were perceived as an embarrassment towards a slow acceptance of a more liberal and all-inclusive attitude. The issue of illegitimacy and unmarried motherhood is complex. It encompasses many dimensions including the wider social spectrum of sexuality and the treatment of women. As views, attitudes and beliefs changed, legislation had to adjust to reflect the changing society. This thesis will explore the legislation passed throughout the twentieth century by contextualising the changing Irish society, and to a lesser extent, the prevailing attitudes on the wider international stage – this became particularly important when Ireland entered the European Economic Community in 1973. In light of the shifting tensions and attitudes which existed throughout twentieth-century Ireland, this study aims to discover what the legal rights and entitlements were for Irish unmarried mothers and what the significance of this legislation was. 1 The role of the Catholic church within the Irish Free State is particularly important when examining the significance of legislation. A number of studies have been made of the relationship between the Catholic church and the Irish state in this period. J.H. Whyte’s pioneering study, Church and state in modern Ireland, 1923 – 1979, should certainly be consulted when examining church and state relations. One chapter is of particular use, entitled, ‘The Catholic moral code becomes enshrined in the law of the state, 1923 – 37’. In this chapter Whyte studied legislation passed between 1923 and 1937 to establish how and why traditional moral values were upheld in law. Between these years there was much emphasis on the Catholic moral code and the ‘social evils’ which were attributed to the falling of moral standards. These are examined in the various reports published throughout the 1920s. Throughout the study Whyte explores the changing relationship between the Catholic church and the Irish state and determines that the turning point in this partnership was the mother and child scheme in the 1950s. He investigates the Catholic church’s role in shaping state policy throughout the twentieth century. He identifies the problem that former ideas about the relationship between church and state were oversimplified and that the history between the two is particularly complex. Rather than influencing legislation, the church in fact influenced society, which in turn affected state policy, which reflected and upheld the views of society. The theme of women, their changing status and their relationship with sexuality is also a significant topic. Sandra McAvoy has focused much of her work on female sexuality, sexual crime and the responses of the state to these issues. Two of McAvoy’s articles are particularly relevant: ‘Sexual crime and Irish women’s campaign for a Criminal Law Amendment Act, 1912 – 35’ in Maryann Valiulis (ed.) Gender and power in Irish history1 and ‘The regulation of sexuality in the Irish Free State, 1929 – 1935’ in Greta Jones and Elizabeth Malcolm (eds.) Medicine, disease and the state in Ireland, 1650 – 1940.2 Both articles focus on legislation in the periods noted above, with specific emphasis on the Criminal Law Amendment Act, 1935. In ‘The regulation of sexuality in the Irish Free State, 1929 – 1935’ McAvoy identifies three areas which the Irish state attempted to address through legislative 1 Sandra Mc Avoy, ‘Sexual crime and Irish women’s campaign for a Criminal Law Amendment Act, 1912 – 35’ in Maryann Valiulis (ed.) Gender and power in Irish history (Dublin, 2009), pp 84 – 99. 2 Sandra Mc Avoy, ‘The regulation of sexuality in the Irish Free State, 1929 – 1935’ in Greta Jones and Elizabeth Malcolm (eds.) Medicine, disease and the state in Ireland, 1650 - 1940 (Cork, 1999), pp 253 – 266. 2 means: access to contraception and information on sexuality, the problem of unmarried mothers and sexual crime and public morals.3 She identified these fields by focusing on government reports from the committee on evil literature, the commission on the relief of the sick and destitute poor, including the insane poor, and the committee on the criminal law amendment acts (1880-5) and juvenile prostitution. She focuses on the homogenous male make-up of the dáil and the role of the Catholic church when examining these reports and their resultant legislation. McAvoy focuses both of her articles on the effects that the state’s social policies had on women and women’s position in the Irish Free State. Her studies generally finish at 1935 with the culmination of the Criminal Law Amendment Act, an act which she perceived as ‘overdue and inescapable.’4 Unlike other historians, McAvoy examines these changes in Ireland’s social policy through gender analysis, and ultimately opens up new ways of viewing and thinking about the developments of the Irish state in this time. Indeed she notes that gender analysis ‘may also facilitate further considerations of the role of the Roman Catholic church and open up new and more complex understandings of social and political developments of this period.’5 This is the reason why McAvoy is so important to the present study: she breaks away from the male homogenous ‘norm’ of other historians and offers a new perspective on this period. Additionally, the work of Caitriona Clear has illuminated women’s lives in Ireland, particularly during the 1930s, 1940s and 1950s. Her article entitled ‘Women in de Valera’s Ireland, 1932 – 48: a reappraisal’6 particularly contextualised women’s lives in this era, focusing on what ‘de Valera’s Ireland’ realistically meant for Irish women. To do this she concentrates her study on women’s job opportunities in Ireland. She also underlines the importance of differentiating between women of different social classes which is particularly important when examining opportunities for women outside of the domestic sphere. The most comprehensive study on sexuality is Diarmaid Ferriter’s study, Occasions of sin.7 His chronological study focuses on state, church and society’s 3 Sandra McAvoy, ‘The regulation of sexuality in the Irish Free State’, p. 253. 4 Sandra McAvoy, ‘Sexual crime and Irish women’s campaign for a criminal law amendment act’, p. 85. 5 Ibid., p. 97. 6 Caitriona Clear, ‘Women in de Valera’s Ireland, 1932 – 38: a reappraisal’ in Gabriel Doherty and Dermot Keogh (eds.) De Valera’s Ireland’s (Cork, 2003).