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Tribunals of Inquiry.

Dáil Éireann Debate, Thursday - 19 February 2004

Thursday, 19 February 2004

Questions (90, 91)

Ciarán Cuffe

Question:

82 Mr. Cuffe asked the Minister for Education and Science the plans that are in place to deter the relatively small number of persons who try to make financial gain through deliberately false accusations of abuse against religious and other persons, notwithstanding the need to find out the full truth of the experiences of survivors and victims of child abuse in residential institutions. [5222/04]

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Written answers

The Residential Institutions Redress Act provided for the establishment of the Residential Institutions Redress Board and the board was formally established on 16 December 2002. To date the board has received a total of 2,849 applications and has completed the process of consideration in 680 cases.

There is a number of provisions in the Act which provide protection against false claims. The Act provides that the board must notify any person named as an alleged abuser of any application and allow them to make a response to the allegation. The principles of natural justice allows for a person to be in a position to respond to any allegation made against them and should such a person be of the view that the allegations are false there is little doubt but that they would inform the board of this.

Section 7(6) of the Act provides that a person who gives false evidence to the Residential Institutions Redress Board or the review committee shall be guilty of an offence and shall be liable on conviction on indictment to the penalties applying to perjury. I would add that the making of an award to an applicant does not constitute a finding of fact relating to the fault or negligence on the part of any person. Awards are made based on medical evidence. While there is always a danger in any redress scheme that false applications would be made the process by which the board determines awards based on medical evidence will lessen that danger.

John Deasy

Question:

83 Mr. Deasy asked the Minister for Education and Science if further institutions will be added to the list of those covered by the Residential Institutions Redress Board; if he will report on the workings of the Board; and if he will make a statement on the matter. [5199/04]

View answer

There are 128 institutions listed on the Schedule to the Residential Institutions Redress Act. Section 4 of the Act enables additional institutions that are identified as reformatory schools, industrial schools, orphanages, children's homes and special schools, in which children were placed and resident and in respect of which a public body had a regulatory or inspection function, to be added to the Schedule.

My Department has received correspondence from both individuals and survivor groups identifying a number of additional institutions that may be eligible for inclusion in the Schedule. Discussions have taken place between my Department and other Departments that may have provided a regulatory or inspection function in the operation of these facilities in order to ascertain whether these institutions are in fact eligible for inclusion. The initial information received in some cases was limited due to the long period that had elapsed since these institutions were closed and therefore the process of verifying each of these institutions has been time consuming and is continuing.

It is my intention that a list of additional institutions will be brought before both Houses of the Oireachtas as soon as the verification process is completed.

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