Dáil Éireann Debate, Tuesday - 12 November 2013
115. Deputy Pearse Doherty asked the Minister for Education and Skills the steps he has taken to ensure anybody accused of sexual abuse by victims who have received compensation from the redress board do not have access to children. [47892/13]
View answer116. Deputy Pearse Doherty asked the Minister for Education and Skills the number of persons who have been accused by victims who have received compensation from the redress board of sexual abuse. [47893/13]
View answer117. Deputy Pearse Doherty asked the Minister for Education and Skills the steps taken following an accusation by victims of sexual abuse who have received compensation from the redress board. [47894/13]
View answer118. Deputy Pearse Doherty asked the Minister for Education and Skills in the event of a victim of sexual abuse receiving compensation from the redress board, if any conditions are attached to the compensation; and if victims are allowed to publicly tell their story. [47895/13]
View answerI propose to take Questions Nos. 115 to 118, inclusive, together.
The Redress Board was established under the Residential Institutions Redress Act, 2002 to make financial awards to those, who as children were resident in scheduled institutions and who have or have had injuries that are consistent with abuse received while resident in the institutions. Abuse is defined in the 2002 Act and includes physical abuse, sexual abuse, neglect and any other act or omission which results in serious impairment of the physical or mental health or development of the child or serious adverse effects on the child's behaviour or welfare. At the end of October, the Redress Board had finalised 15,966 applications, resulting in 14,934 awards. The Redress Board does not have statistical information on the number of allegations of sexual abuse contained in the applications considered or the number of persons against whom allegations were made. In accordance with section 13(6) of the 2002 Act, an applicant who accepts an award from the Redress Board must agree in writing to waive any right of action that they may have against the State or a contributing congregation. Section 13 also allows for the payment of awards in instalments.
Section 28(6) of the 2002 Act provides that a person shall not publish any information concerning an application or an award made under the Act that refers to any other person, including an applicant, relevant person or institution by name or which could reasonably lead to the identification of any other person, including an applicant, a relevant person or an institution referred to in an application made under the Act. The 2002 Act provides that applications coming before the Redress Board are treated in a confidential manner. This confidentiality is required in order to protect the identity of applicants and because the Redress Board, when considering an application, is not permitted to address any issue of fault or negligence arising out of the evidence given in an application and is not empowered to make a finding of fact relating to fault or negligence in relation to evidence submitted with an application. Section 28(5) of the 2002 Act does provide for the disclosure of information in certain circumstances to the Garda Síochána and to an appropriate person within the meaning of the Protections for Persons Reporting Child Abuse Act, 1998.
Following publication of the Ryan Report, An Garda Síochána established a dedicated phone line for persons who wished to provide information relating to criminal behaviour connected with what the report revealed. As of 22 October, 2013, 181 calls have been received on the Garda helpline. An Garda Síochána carried out investigations and submitted 15 investigation files to the Director of Public Prosecutions (DPP). The DPP directed no prosecution in the case of fourteen of them. The DPP directed a prosecution in one case. One additional investigation is nearing completion and will be the subject of submissions to the DPP.
