Dáil Éireann debate -
Thursday, 6 Dec 2001

Vol. 546 No. 1

Written Answers. - Residential Institutions Redress Bill, 2001.

John Perry

Question:

194 Mr. Perry asked the Minister for Education and Science if, further to the Residential Institutions Redress Bill, 2001, in regard to validation and protection of confidentiality it contains a process for determining the truth of allegation of abuse; and if he will make a statement on the matter. [31334/01]

John Perry

Question:

195 Mr. Perry asked the Minister for Education and Science if, further to the Residential Institutions Redress Bill, 2001, in regard to validation and protection of confidentiality there is protection for those against who allegations have been made; and if he will make a statement on the matter. [31335/01]

Minister for Education and Science (Dr. Woods)

I propose to take Questions Nos. 194 and 195 together.

Compensation as provided for in the Residential Institutions Redress Bill, 2001, is through anex gratia scheme. The position in law is that this scheme involves no finding of fault and no declaration of liability. The scheme is designed to address the fact that the institutions concerned, in many ways, departed from the normal requirements of child care. It acknowledges that because of this many people who were in institutional care have, through much of their lives, carried serious psychological scars. The scheme seeks to provide reasonable financial compensation for that injury.

It is not the case that awards will be made without validation or on the basis of untested evidence. As the Bill currently stands a claimant to the redress board must first establish that he or she was a resident in an institution covered by the Bill, that he or she is suffering or has suffered some significant injury, physical or psychological and that the injury is consistent with the abuse as alleged. This will involve significant medical and psychiatric evidence. The claimant may present his or her own medical evidence and the board may have assessments carried out on its behalf. Enough is known of the conditions of deprivation and extreme corporal punishment in some of the institutions in the past to accept without deep inquiry the link between current or past injury and residence in the institution. Section 22 of the Bill as currently worded prohibits any person from revealing any information provided for the board. This section will ensure that all matters dealt with by the board will remain confidential. Discussions with all interested parties regarding these and other aspects of the Bill are ongoing and I am prepared to consider these issues again during Committee Stage of the Bill.

John Perry

Question:

196 Mr. Perry asked the Minister for Education and Science his plans to examine the validation process already in being through the Commission to Inquire into Child Abuse; if he will make the necessary changes to it to protect the rights of all citizens; and if he will make a statement on the matter. [31336/01]

Minister for Education and Science (Dr. Woods)

There are no plans at present to examine the validation process of the Commission to Inquire into Child Abuse. The commission, which was established by an Act of the Oireachtas, is independent in the exercise of its functions. As regards validation and the protection of rights of all participants the commission will apply procedures which are akin to those applying in the High Court. These will ensure fair procedures and protection of constitutional rights for every witness. The commission comprises a confidential committee and an investigative committee. The role of the confidential committee is to listen to a person's experiences of abuse in institutions in total confidence. This committee will not inform anyone, or any institution, that a person has made an allegation against them and will not name anyone in any report. The commission's investigative committee will fully investigate complaints and allegations made to it. Persons, or institutions, accused have the right to get advance notice of what a complainant has to say, and to question the complainant if they wish to do so. Legal representation is allowed for both sides. At the conclusion of its work, the commission will report to the public.