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Wednesday, 5 Feb 2014

Written Answers Nos. 19-25

Magdalen Laundries

Questions (19)

Mary Lou McDonald

Question:

19. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide an update on the implementation of the Magdalen laundry redress scheme. [5272/14]

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Written answers

To date, 680 applications have been received under the ex gratia scheme which was established by Government for the benefit of those women who were admitted to and worked in the Magdalen Laundries, St Mary's Training Centre, Stanhope Street and House of Mercy Training School, Summerhill, Wexford. The applications are being processed as quickly as possible and over 280 letters of formal offer have issued to women at this stage. As soon as an applicant accepts the offer, payment will be processed quickly. So far, 144 women have accepted the formal offer and as at the end of January payments issued to over 100 applicants totalling €3.5 million.

I am also informed that letters of provisional assessment were issued to a further 32 applicants and if they agree with the provisional assessment with regard to their length of time in a relevant institution they will be issued with a letter of formal offer. The remaining applications require further investigation. In cases where the religious have no clear record, my officials will have to carry out a thorough examination checking whatever records are available to see if they support the claim. The applicant will also be asked to provide any relevant information that could corroborate her claim that she was in a specific institution for a period of time.

As the Deputy will be aware the women who have agreed to participate in the Scheme will receive other supports as recommended by Judge Quirke. The Department of Social Protection are establishing a new scheme and will be in a position to commence payments of a weekly pension type payment to the women by mid 2014. The Deputy will also be aware that these payment will be backdated to the 1st of August 2013. The women will also be granted access to a range of public health services once the necessary legislation is in place. The Government agreed that I would bring forward in one Bill, in consultation with and on behalf of the relevant Departments, any necessary legislative measures to implement the scheme.

Insolvency Service of Ireland Administration

Questions (20)

Niall Collins

Question:

20. Deputy Niall Collins asked the Minister for Justice and Equality the position regarding credit union loans under the new personal insolvency regime; and if he will make a statement on the matter. [5300/14]

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Written answers

Recent media coverage suggested that individual debts to credit unions which were in excess of €20,000 may be secured by an insurance policy with the credit union and would therefore be ineligible for inclusion in a Debt Settlement Arrangement under the Personal Insolvency Act 2012. The position as to whether or not a credit union is deemed to be a "secured creditor" will depend on the nature of the policy in place and ultimately, it will be a matter for the personal insolvency practitioner acting on behalf of the debtor to determine.

In order for a life insurance policy to comprise security under the Personal Insolvency Act 2012 two criteria need to be met, i.e. (i) the security must be "in or over property of the debtor", meaning that the policy must be in the borrower's name and not part of a block policy of the credit union; and (ii) an assignment of the life insurance policy from the borrower to the credit union has to have taken place. If a policy is not in the borrower's name, the policy is not property of the debtor, and therefore the debtor is not capable of giving security over it to the credit union. The Insolvency Service of Ireland has advised that it understands that in the majority of cases, life insurance policies linked to credit union loans are provided through block policies and therefore would not meet the definition of secured debt in the Personal Insolvency Act 2012.

It should also be noted that in any cases where a credit union loan might be deemed to be a "secured" debt, it would be possible for the debtor to pursue a Personal Insolvency Arrangement (PIA) which is specifically designed to deal with secured debts.

Services for People with Disabilities

Questions (21)

Colm Keaveney

Question:

21. Deputy Colm Keaveney asked the Minister for Justice and Equality his priorities for the disability sector; and if he will make a statement on the matter. [5292/14]

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Written answers

The Government continues to prioritise the needs of people with disabilities. The Programme for Government contains a number of commitments in that regard, including the publication of a realistic implementation plan for the National Disability Strategy. That Implementation Plan was published in July 2013 and is the first such implementation plan to be put in place since the National Disability Strategy itself was launched in 2004.

The Plan was prepared by the National Disability Strategy Implementation Group, which I established in 2011 and continue to chair in undertaking its current role in overseeing the implementation of the Strategy. The Implementation Group brings together not only representatives of the relevant Government departments and representative organisations but also, recognising the need for the end users of public services to be involved, a number of people with disabilities. This is in order that their concerns and priorities are heard.

The Implementation Plan was developed with the identification by Departments of actions, timelines and key performance indicators. Significant discussion was undertaken between the disability stakeholders and Government departments to reach agreement on the suite of actions contained in the Plan. The Plan sets out the practical measures across all Government departments that will be taken to advance the Strategy and ensure that available resources are used to best effect and that the needs of those we consider a priority continue to be addressed.

Progress on the Plan is kept under review by the Implementation Group and thematic meetings, at which all relevant bodies are present to ensure cross-sectoral input and review, are convened. Two such thematic meetings were held in 2013 and focused on the themes of Housing and Irish Sign Language.

In addition to the ongoing implementation of the actions generally, two initiatives are being progressed in particular. These are the drafting of a comprehensive employment strategy for people with disabilities and a review of the Implementation Plan to examine how it could be used to more fully address the needs of people with autism.

I believe in hearing the voices of those who live with a disability, to understand their concerns and priorities. In addition to appointing a number of people with disabilities to the Implementation Group, I also established a Disability Forum, under the stewardship of the National Disability Authority, to open up discussion to a wider audience and to get a broader representation from those with experience of living with a disability. This makes clear that people with disabilities are a priority and do have my full understanding and respect.

Needless to say, the Government accords no less importance to the needs of people with disabilities as those of children and young people.

Stardust Fire

Questions (22)

Thomas P. Broughan

Question:

22. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will now initiate the establishment of a brief commission of investigation to examine outstanding issues that have not been conclusively resolved regarding the Stardust tragedy of 1981 in view of ongoing aspects of new evidence regarding the tragedy coming to public attention in the past number of years. [5341/14]

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Written answers

As I have previously indicated, nothing I have seen in the extensive correspondence from the Stardust Victims Committee to date, including the considerable volume of correspondence circulated recently, would be grounds for my taking a different view to the conclusions set out in the Independent Examination by Mr. Paul Coffey. That is, in the absence of any identified evidence, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest.

It had been indicated in reported statements that the Committee intended to present a submission concerning the cause of the fire on the occasion of forthcoming anniversary. Whether at that time, or at any other point, I will of course arrange for the examination as appropriate of any such submission, and for a response to issue to the Committee in due course. In saying this I should again caution against raising unrealistic expectations about what can be achieved or appearing to suggest that the outcome of the Coffey examination can be set aside, simply on the basis that his conclusions are not accepted by some.

Garda Investigations

Questions (23)

Richard Boyd Barrett

Question:

23. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if there will be an inquiry into the death of a baby (details supplied) in Dalkey in 1973 and the circumstances surrounding the death; and if he will make a statement on the matter. [5354/14]

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Written answers

The Deputy will be aware that this tragic case was the subject of an independent examination by a Senior Counsel who reported in 2007 and whose conclusions were accepted by the then Minister. Establishing an inquiry into the events in question would not be consistent with the report's findings. Insofar as the question of criminal investigations into these events are concerned, the Deputy will also appreciate that I have no function in relation to the direction or initiation of criminal investigations, which are a matter for the Garda authorities. I understand that issues raised recently by legal representatives of the person in question with An Garda Síochána are under consideration by the Garda authorities.

Garda Investigations

Questions (24)

Derek Keating

Question:

24. Deputy Derek Keating asked the Minister for Justice and Equality the position regarding a reported alleged crime regarding Oireachtas envelopes; and if he will make a statement on the matter. [5252/14]

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Written answers

I have been informed by the Garda authorities that the matter in question is currently the subject of a Garda investigation and the Deputy will therefore appreciate that it would not be appropriate for me to comment further on the matter.

Question No. 25 answered with Question No. 13.
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