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Dáil Éireann debate -
Wednesday, 6 Nov 2002

Vol. 556 No. 4

Adjournment Debate. - Residential Institutions Redress Board.

I welcome the Minister. He will be aware that his predecessor introduced the Residential Institutions Redress Act, 2002, prior to the election. Part of the function of that legislation was the establishment of a redress board, the function of which will be to conduct hearings of the people who were abused in institutions and schools and allocate them compensation on the basis of the case they make and the suffering they experienced.

Hardly a day goes by in which we do not hear another horror story about some aspect of the abuse perpetrated against the children of the nation in the 1930s, 1940s, 1950s and 1960s until the abolition of the industrial and reformatory schools in 1970. Very little has been done to redress the issue and try to bring some form of closure to the sufferings experienced by the young people who were abused, many of whom are old or in ill health.

What progress has been made with regard to the redress board? Have all its members been appointed and will additional members be appointed? What is it doing now? Has it secured premises and, if so, are they up and running? When will its funding, which will be substantial given the large numbers of people who have already indicated their intention to come forward, be allocated? The way in which the funding is made available is a key issue. When will the hearings take place? When will the advertisements be placed? I presume advertisements will be placed in the national media asking people who have been subjected to abuse, as defined in the legislation, to come forward and present their cases to the board in order that awards can be made on the basis of such hearings. My concern is that there is still no sign of action. The sooner we deal with this matter, which is within the jurisdiction of the Minister, the better. What is he doing about it?

On a related issue, I recall complaints being made in the intense debates during the passage of the legislation through the Seanad that the list of institutions prescribed for the Act and included in the Schedule was far from comprehensive and that other areas should have been included. I was given to understand that this list would be drawn up and appended to the legislation or made available in some other form. There is provision in the Act for additional institutions which may be put on the list at the behest of the Minister and I would like to know what the Minister has done or is doing in that regard. At that time I wanted Bethany Home added to the list and I put down a question and received a reply to the effect that an institution of that nature could be added when identified. I want to know if that will happen in this case and how the additional list of institutions will be made available.

The legislation is important, dealing with one of the most critical issues in our history and with something we swept under the carpet for far too long. It is now being covered by legislation which we have brought forward and it is important that we expedite it quickly.

I thoroughly agree with Deputy Costello when he says the sooner we deal with these matters the better, but the Deputy will appreciate it would be quite inappropriate for me, having set up the redress board as an independent body to deal with the very sensitive issue of abuse in Irish institutions, to interfere in its internal workings. The responsibilities of my Department in relation to the board are as follows.

Following the Taoiseach's apology on 11 May 1999 my Department had to bring forward legislation to introduce a mechanism for victims to seek redress and, hopefully, enhance the quality of the remainder of their lives. The Residential Institutions Redress Act, 2002, was signed into law by the President on 10 April 2002 and its purpose is to set up a framework to enable victims to apply for compensation. The Act allows for the establishment of a residential institutions redress board. This board will administer a scheme to enable victims of institutional abuse to make applications for compensation. The provisions of the Act allow the board to make awards based on a lower threshold of proof than is required when taking a case through the courts. An applicant is expected to provide proof of identity, that he or she was resident in an institution, that he or she was injured while so resident and that the injury is consistent with any abuse that is alleged to have occurred while so resident.

A premises for the board has been secured at Belfield Office Park at Clonskeagh. This accommodation is being adapted to suit the particular needs of the individual applicants who wish to have their cases heard. Judge Kieran O'Connor has been appointed as the board's chairman and he will be joined in his work by Professor Desmond Greer, Dr. Helen Cummiskey and Dr. Ruth Pilkington. Further appointments will be made as required. A secretary and registrar have also been appointed and the board's legal team is being assembled. In addition, a number of administrative staff were appointed recently to assist the board with its operations.

It is important that the procedures and practices laid down by the board should be as sensitive and user friendly as possible. With this in mind, the board has taken the time to consult with a number of interested groups prior to the completion of the application form and the guide to the application procedure. The process is nearing completion and I have already given this House a commitment that once this has been finalised I will move immediately to formally establish the board. The chairman of the board has recently given me a provisional establishment date of 2 December 2002 and my Department will continue to assist the board in order to achieve this target.

I am conscious that we are dealing with what is arguably the most controversial and sensitive issue to have arisen in the history of the State and we must approach the establishment of this scheme, as the board has done, in a careful and reflective manner. We must also endeavour to have the board fully operational as a matter of urgency. I do not foresee any delay beyond 2 December.

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