Dáil Éireann Debate, Tuesday - 3 February 2015
381. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the Magdalen laundries redress programme (details supplied); and if she will make a statement on the matter. [4883/15]
View answerJudge Quirke recommended that the women receive medical services equivalent to those provided by the holder of a HAA card and he also advised that “not all of the services described in the Guide may be directly relevant to the Magdalen women and any comparable Guide for the Magdalen women would require suitable adaptation.
Judge Quirke also recommended that legislation was required to give effect to this recommendation. The legislative vehicle to achieve this is the Redress for Women Resident in Certain Institutions Bill 2014 which has passed Second Stage in the Dáil. The Bill provides for a broad range of medical services without charge to women who were resident in these institutions. These health services are as follows:
(a) General Practitioner and surgical services
(b) Drugs, medicines and surgical appliances
(c) Nursing services
(d) Home help services
(e) Dental, ophthalmic and aural services
(f) Counselling services
(g) Chiropody services
(h) Physiotherapy services
There is no means assessment in regard to any of the above services which will be provided to these women and, in addition, they will be exempt from charges for acute in-patient services.
With regard to the provision for care representatives, I can advise the Deputy that women who were in the Magdalen laundries are already covered under section 21 of the Nursing Home Support Scheme Act 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.
In addition, the Assisted Decision Making (Capacity) Bill 2014 is awaiting committee stage in the Dáil. This provides for a range of options including decision making assistants, co-decision makers, decision making representatives and the public guardian, which are well suited to look after the best interests of the women who were in Magdalen laundries and have capacity issues.
As the Deputy will be aware this Bill is just one part of a wider package of supports for these women. Under the Scheme the women are eligible for a payment of between €11,500 and €100,000 depending on the length of stay in a relevant institution. To date, my Department has made decisions on 87% of the cases and a total of over €18m has been paid out so far. The women are also entitled to top up pension type payments of up to €100 under the age of 66 and up to €230.30 aged 66 and over. These payments are being paid by the Department of Social Protection.
With regard to the pension type payments, Judge Quirke recommended that eligible women should, in addition, and without regard to the "lump" sum payments, receive weekly payments of €100 if under 66 and the equivalent of the State Contributory pension - €230.30 - if over 66 for the remainder of their lives. These payments are to be calculated net of other State benefits. This recommendation is being fully implemented by the Department of Social Protection. The Government decided that the commencement date for the Scheme was 1 August 2013 so therefore, regardless of when an applicant makes an application, if eligible for the scheme, will have appropriate payments backdated to 1 August 2013.
The only issue of back dating mentioned by Judge Quirke is in his 7th Recommendation in which he states, “Where a written “expression of interest” (or other written application for inclusion within the proposed Scheme) has been provided to the State by or on behalf of a Magdalen woman who was alive on or after the 19th of February 2013 then that woman will be eligible for consideration to be included within the Scheme. Additional income ex gratia payments (payable to women entitled to payments in excess of €50,000) will not accrue to the benefit of the estate of any Magdalen woman.”
The Government is committed to full implementation of the Quirke report.
