Dáil Éireann Debate, Tuesday - 10 February 2015
371. Deputy Finian McGrath asked the Minister for Justice and Equality if she will ensure that each Magdalen woman who is currently institutionalised, automatically and immediately receives personal advocacy services; and if she will make a statement on the matter. [6150/15]
View answerJudge Quirke's recommendation on the issue of advocacy will be implemented. However, Judge Quirke makes a very clear distinction between what is required for most women and what is required for those lacking full mental capacity including those women that are in institutional settings.
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.
My Department are careful to ensure that applicants do have the necessary capacity to understand the scheme and sign the relevant legal documentation and they cross check with other Departments to establish if there any issues. A medical assessment is sought if there is any indication that an applicant under our scheme has capacity issues. We have identified about 40 such women to date and are delaying payment until proper safeguards are in place.
With regard to women who do not lack capacity, the Government has provided a grant to the Irish Women Survivors Support Network to provide advice and support to the women who are residing in the UK. Judge Quirke recommended the establishment of a dedicated unit which would assist women getting their entitlements and advocating on their behalf. My officials will be looking at how to develop this idea now that the dedicated unit in my Department has almost completed its primary task of processing applications and paying out cash benefits.
