Dáil Éireann Debate, Tuesday - 9 April 2024
1092. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth for a copy of the waiver that some recipients of the mother and baby institutions payment scheme will be required to sign; who drafted the waiver; and if he will make a statement on the matter. [14043/24]
View answerIf a person decides to accept a payment award under the Mother and Baby Institutions Payment Scheme they will be asked to sign a legal waiver. To help them to decide if they want to take the payment and sign the waiver, they will be entitled to support towards the cost of legal fees incurred, up to a maximum of €500 (excluding VAT) per application. This will be reimbursed by the Payment Scheme Office once the applicant provides an invoice or receipt from their solicitor. The invoice or receipt needs to include the name of the applicant and the application reference number. The reimbursement will be made directly to the applicant via bank transfer.
The Deputy requested a copy of the waiver and I can confirm that it is available on the Scheme website, at the following link:
www.gov.ie/en/publication/bed53-mother-and-baby-institutions-payment-scheme-your-questions-answered/#do-i-need-to-obtain-legal-advice-at-any-stage-of-the-process-will-i-be-required-to-sign-a-legal-waiver-before-i-receive-a-payment.
It is important to note that the waiver for the Mother and Baby Payments Institutions Scheme will be signed only when the applicant already knows exactly what they are being offered from the Scheme, allowing them to make a fully informed decision.
Signing a waiver will not mean that survivors cannot discuss their experience of engaging with the Scheme or the payment they may have received. They are free to do this should they so wish.
A waiver is a common feature of ex-gratia schemes. Part of the logic for this is that a person accepting an award under an ex-gratia scheme usually benefits from less burdensome procedures than those used in the courts, does not risk incurring high legal fees if their case is not successful and has a greater likelihood of success than they would have if they brought a case to court. The IDG Report also pointed to an element of finality which waivers can bring.
