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Dáil Éireann debate -
Tuesday, 14 Feb 1995

Vol. 449 No. 1

Written Answers. - Equal Treatment Cases.

Michael Bell

Question:

35 Mr. Bell asked the Minister for Social Welfare the number of women who have received their equality entitlement under the settlement with FLAC; the average payment made; the interest costs; if payment has been made to the 1,800 women; the number of other women who have received payment claimed through solicitors; the cost of such payments; the interest paid on such payments; the legal cost per claim made; the number of women yet to be paid; when payment will be made to these persons; the total cost; and the estimated interest and legal costs. [1168/95]

The programme, A Government of Renewal, states that details of the settlements reached and payments made will be published in summary form. The precise nature of the information to be published has yet to be determined.

The settlements agreed in the equal treatment cases in which proceedings were initiated prior to the introduction of the retrospective legislation in 1992, including the FLAC cases, were subject to conditions as to confidentiality. I am advised that these conditions were included as a standard feature in all settlement agreements and in each instance, were included with the consent of both parties.

I am further advised that the confidentiality clause is expressed to be binding on all parties to the settlements in question. It is therefore binding on the State as well as on the individual plaintiffs and their solicitors. Consequently, each individual plaintiff in the proceedings, as well as the State, has the right to insist that the confidentiality clause is respected, and for that reason also, all of the details sought by the Deputy cannot be provided in the format sought.

I can say, however, that there were 1,647 women involved in the FLAC cases. Some 1,518 women have received payments under the settlement agreement, 33 had no entitlements under the 1979 Directive and the entitlements of the remainder are being clarified. A further 1,170 women have received payments under other settlement agreements.

In so far as payments to women generally are concerned, the perfected judgement of the High Court in what amounted to two "test cases" arising from the delay in implementing the 1979 Equal Treatment Directive was given last Friday, 10 February. The decision of the High Court is being examined in consultation with the Office of the Attorney General. In keeping with the commitment in the programme for A Government of Renewal, I will be submitting proposals for consideration by the Government to deal with the implications of the court's decision. In the meantime, the Government has provided £60 million as a first step this year. This provision was announced by the Minister for Finance in his Budget Statement.
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