Dáil Éireann Debate, Wednesday - 9 March 2005
105 Ms Enright asked the Minister for Education and Science if she has examined the agreement entered into by one of her predecessors and the religious congregations with regard to their liability in respect of costs and damages to the victims of abuse; if she has satisfied herself that the agreement entered into represented a good deal for the taxpayer; and if she will make a statement on the matter. [7861/05]
View answerThe Residential Institutions Redress Board was established under statute in 2002 to provide a mechanism for people who were victims of childhood abuse while in residential institutional care to obtain financial compensation for their injuries as an alternative to having to pursue their cases through the courts. The Government's decision to establish the redress scheme was made regardless of whether the religious congregations who managed the institutions would participate in the scheme.
Nonetheless, as it was considered desirable that the religious congregations make a meaningful contribution towards the compensation of victims of abuse, the Government entered into negotiations with the congregations which culminated in agreement being reached in June 2002 on a total contribution by the congregations of €128 million. The €128 million contribution was made up of a cash provision of €41.14 million, real property transfers totalling €76.86 million and a €10 million provision for counselling and support services for victims of abuse.
In return for the congregations' contribution, the Government agreed to grant them an indemnity for a period of six years from 5 June 2002, the date of the signing of the agreement. The indemnity applies to cases that are eligible to be processed by the redress board but where the plaintiff decides not to avail of this option and pursues his or her case through the courts. In these circumstances the State will take over the defence of the case.
I am satisfied that the agreement reached with the religious congregations represented the best possible outcome in the circumstances. It was made abundantly clear to the State's negotiating team that the €128 million contribution was the maximum the congregations were prepared to offer. The alternative option of rejecting the offer and pursuing the congregations through the courts would have resulted in a very large number of protracted legal proceedings with the involvement of victims in an adversarial process, with substantial costs in legal fees and no guarantee of a favourable outcome.
