Dáil Éireann debate -
Thursday, 28 Jun 2001

Vol. 539 No. 3

Written Answers. - Compensation Claims.

Gay Mitchell

Question:

201 Mr. G. Mitchell asked the Minister for Education and Science the steps he is taking to ensure that reasonable checks and balances are in place to prevent compensation being paid for false or exaggerated claims being made by alleged victims of abuse arising from proposals to create a compensation tribunal. [19529/01]

Gay Mitchell

Question:

202 Mr. G. Mitchell asked the Minister for Education and Science if, in the case of allegations of abuse, his Department or the Garda have knowledge of false claims arising from investigations of alleged abuse which are to be the subject of a compensation tribunal. [19531/01]

Gay Mitchell

Question:

203 Mr. G. Mitchell asked the Minister for Education and Science if he has knowledge of at least one individual advising a former resident of an institution that it is necessary to allege sexual misconduct to secure compensation at the proposed tribunal; and if such cases were investigated by the Garda. [19533/01]

Minister for Education and Science (Dr. Woods):

I propose to take Questions Nos. 201 to 203, inclusive, together.

The procedure envisaged under the Residential Institutions Redress Bill, 2001, is that an applicant for an award will be required either orally or in writing to inform the Redress Board of the nature and extent of the abuse which he or she allegedly suffered in an institution. Unless the board has reason to believe that the account is untrue, the applicant will be referred for medical and-or psychiatric assessment. It is on the basis of that assessment and confirmation from the professionals concerned that the injury which an applicant displays is consistent with his or her account of abuse that an award will be made. It is not proposed to inquire in detail into the facts of abuse as alleged, other than to establish the identity of the applicant and the fact that he or she was resident in the institution claimed at the time claimed. The board will make a preliminary decision on the basis of the evidence of the claimant as to whether or not to refer him or her for assessment.

The objective of this approach is to provide for an informal, non-adversarial and speedy resolution of an application as an alternative to the formal procedures of a court. The carrying out of the kind of detailed inquiries, which would be necessary to reach a definitive conclusion on the facts of an allegation, would be very time consuming, costly and in many cases because of the passage of time ultimately inconclusive. The approach proposed focuses on objectively and professionally establishing the extent to which a person suffers from injury which is consistent with abuse in childhood. It is an approach which could be described as victim friendly and which avoids the very threatening and, for some, traumatic process of detailed inquiry into the facts of the abuse.

I accept that there is scope within this approach for false or exaggerated claims. There is such scope in any process, even the criminal process. The approach which the Bill adopts is, I believe, a reasonable balance between the need to establish with reasonable certainty that a person is entitled to an award and avoiding a rigorous inquiry process which would prove unnecessarily traumatic for many former victims of abuse.

While addressing the issue of exaggerated claims, it is worth noting that there is also scope within the process for the making of exaggerated expenses claims by legal representatives of applicants. This is so because effectively three sets of proceedings arise from the same facts proceedings in court, before the Commission to Inquire into Child Abuse and the Redress Board. In devising provisions for the payment of legal expenses of applicants, I will ensure that there can be no duplication of claims.

I am not aware of the instances which the Deputy refers to, although my Department is aware of some anecdotal evidence to that effect. I have asked my Department, on foot of the Deputy's questions, to make formal inquiries with the Garda on this matter. If indeed it is the case that such activities are occurring then it will ultimately be a matter for the gardai to make inquiries and conduct prosecutions if there is sufficient evidence. As regards the Residential Institutions Redress Bill, it provides for penalties for people who make false statements to the board.