Vol. 568 No. 1
109 Ms Burton asked the Minister for Education and Science the total estimated liability to the State at the latest date for which figures are available in respect of the deed of indemnity between the Government and a number of religious congregations, signed on 5 June 2002; and if he will make a statement on the matter. [14646/03]
The indemnity agreement between the State and CORI provided for 18 religious congregations to make a contribution of €128 million to the Residential Institutions Redress Fund. In return, the Government agreed to grant an indemnity to the religious congregations that were parties to the agreement. This indemnity applies only to cases which are eligible to be dealt with under the terms of the Residential Institutions Redress Act 2002, but which are not resolved within this scheme, and in respect of which litigation is commenced within six years of the date of the agreement – 5 June 2002. In the event of a religious congregation deciding to run a case itself then the indemnity will not apply.
It is hoped that all, or certainly the vast majority of cases will be dealt with by the Residential Institutions Redress Board rather than through the courts. Therefore, it is expected that the indemnity will apply to relatively few cases. However, as there is no way to predict at this time how many claimants will opt to go through the courts rather than the redress board, I am not in a position to estimate the likely cost of the indemnity to the State. To date, the indemnity has not been applied in any case.
110 Mr. Rabbitte asked the Minister for Education and Science the progress made to date with regard to his Department's consideration of the list of properties to be transferred to by religious institutions to the State under the deed of indemnity signed on 5 June 2002, which was due to have been completed by 30 April 2003; if the list of properties proposed to be transferred has been finalised; if properties have been rejected; when it is proposed to publish the list; and if he will make a statement on the matter. [15737/03]
Under the terms of the indemnity agreement between the State and CORI signed on 5 June 2002, the State had a period of nine months to consider the properties offered by the religious congregations in respect of the properties to be transferred list. On 5 March 2003, officials at the residential institutions redress unit of my Department requested a further period of two months in order to give further consideration to a number of the properties on offer. CORI agreed to this request. Following further examination of the properties on offer, officials at my Department wrote to CORI's legal representatives and outlined a number of properties which the State was prepared to accept a fee simple interest in. However, a number of other properties were rejected on the basis that no benefit to the State could be identified by acquiring a title.
Section 8 of the agreement states that in the event that the State party rejects a property offered, the religious congregation has the right to replace the property with an alternative property or cash sum equivalent. CORI can now submit a schedule of alternative properties which the congregations propose to offer the State in place of the properties the State has declined. The nine month period for consideration of these properties will then commence. As negotiations are ongoing and the issue is commercially sensitive, I do not intend giving any details of the property aspect of the agreement at this stage. When agreement is reached, a list of the properties will be made available.
There is no time limit of nine months on the schedule entitled properties already transferred. Officials from my Department have sought additional information from CORI to ensure that each of these properties qualify under the criteria laid down in the indemnity agreement regarding valuation, title and restriction on transfer for a 25 year period. To date, none of the properties on this list has been accepted.
