All parties in the House were happy to support the Residential Institutions Redress Act 2002 to enable awards to be made to claimants who suffered abuse in residential institutions. An entirely separate scheme between 18 religious congregations and the State was concluded without ever being debated in the House. This agreement involved the taxpayer underwriting the full liability of the religious congregations arising from court cases, even where complainants never went to the redress board. The Comptroller and Auditor General has estimated that the liability will be between €869 million and €1.04 billion.
The Taoiseach told us that the then Attorney General and his officials were involved throughout the entire period. That was not true. The Taoiseach told us that all meetings were documented and on departmental files. That was not true. The Taoiseach told us that the indemnity was worked out in February. That was not true. The Taoiseach told us that the terms of the indemnity were fully and repeatedly debated in the House. That was not true. The Taoiseach told us that proper Cabinet procedures had been followed. That was not true.
The truth was that the then Attorney General and his officials were excluded from the critical meetings. The truth was that no record was kept of those critical meetings. The truth was that the indemnity was not worked out in February. Negotiations did not start on it until 19 April, one day before the House was dissolved. No memorandum was put to Cabinet in January. It was approved on a verbal report from the then Minister for Education and Science. Where does the former Minister for Education and Science think he derived his legal capacity to bind the State into such an agreement?
I want to draw the Taoiseach's attention to the public financial procedures from the Department of Finance. They state:
In the absence of specific legislation covering the issue of a particular indemnity, any letter issued should indicate clearly that the assurance contained therein is not an unqualified promise to pay but rather an undertaking by the Minister concerned to take the appropriate steps to seek the necessary authority of the Oireachtas to ensure payment.
When did the Taoiseach get that necessary authority from the Oireachtas?