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Residential Institutions Redress Scheme.

Dáil Éireann Debate, Wednesday - 9 March 2005

Wednesday, 9 March 2005

Questions (43, 44)

Trevor Sargent

Question:

80 Mr. Sargent asked the Minister for Education and Science if she intends to carry out a systematic review of the Residential Institutions Redress Board in view of the recent court payment of €370,000 which dwarfs the average award from the board and is significantly higher than any other payment; and if she will make a statement on the matter. [7944/05]

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Joe Sherlock

Question:

89 Mr. Sherlock asked the Minister for Education and Science if she intends to propose amendments to the Residential Institutions Redress Act 2002 in view of the recent High Court award to a victim; and if she will make a statement on the matter. [7960/05]

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Written answers

I propose to take Questions Nos. 80 and 89 together.

The Residential Institutions Redress Board was set up under statute in 2002 to provide financial redress to victims of child abuse in State regulated residential institutions with the aim of assisting them in their recovery and enhancing the quality of the remainder of their lives. The board provides an alternative to victims having to pursue traumatic civil court cases to obtain compensation for their injuries.

To date, some 5,500 applications have been made to the redress board and awards amounting to approximately €210 million have been paid in over 2,600 cases. While the average award based on applications to date is €78,000, it is not valid or appropriate to compare this with any individual award, particularly the one referred to by the Deputy which was considered to be an exceptional case. The amount of award payable by the board in each case will depend on the severity of the abuse and the severity of physical and psychological injury as well as loss of opportunity resulting from the abuse. The board may grant awards up to €300,000 and, in exceptionally severe cases, it may award an amount higher than this. There is also provision to award additional aggravated damages of up to €60,000 in certain specified circumstances.

The redress scheme provides an effective and fair way for compensating victims of abuse who do not wish or are not able to pursue their cases through the full rigours of the courts. While people have the right to bring their cases to court, the Government is of the view that the redress scheme provides the best and most practical option for victims of abuse seeking financial redress for the injury and suffering they have experienced.

The redress board has several advantages over the court route. The proceedings of the board are generally much faster than those in court, so victims obtain their redress sooner. There is a much lower burden of proof than in a court of law and unlike the courts, the redress board is not an adversarial process so going to the board is far less traumatic for victims. I am satisfied that the redress board is working well and in the best interests of survivors and I do not see a need to carry out a review of the board or to propose amendments to the Act in the light of the recent court judgment.

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