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Dáil Éireann díospóireacht -
Wednesday, 2 May 2001

Vol. 535 No. 2

Written Answers - Child Abuse Victims.

Michael Creed

Ceist:

222 Mr. Creed asked the Minister for Education and Science the progress made on his proposals to introduce legislation to compensate victims of child abuse; the meetings he has had with victim groups; and if he will make a statement on the matter. [12432/01]

On 3 October last year, the Government announced a decision in principle to establish a mechanism to provide financial redress to persons who have suffered abuse in residential institutions for which the State had regulatory or supervisory functions. Since that announcement, officials of my Department and the Attorney General's Office have been examining the very complex issues that arise in the establishment of such a mechanism. As part of that process, my Department wrote to the main groups representing victims of abuse, notifying them of the Government's commitment, and inviting them to put forward their views, in writing or in person, as to how such matters should be progressed.

Subsequently, in February of this year, and taking into account the views expressed to my Department in those submissions and meetings, the Government approved the drafting of legislation to establish a body to undertake this role. The following are the main features of the scheme. It will be a stand alone scheme forex gratia payments to survivors of abuse. Claims will be accepted from people who allege abuse while they were, as children, resident in an institution in respect of which State bodies had regulatory or supervisory functions. The compensation scheme will accept claims for a period of three years from the establishment date. The compensation awarding body will have as a chairperson a retired or serving senior member of the Judiciary and other members as required. Validation of claims by claimants to the compensation body will be conducted in a non-adversarial way, with inquiries confined to establishing essential facts combined with medical-psychiatric assessment of a claimant. Compensation will be paid for current and continuing damage caused by abuse, and for past damage, from which the claimant has now recovered. The legislation will provide detailed criteria for awards, including the amount of awards for different kinds of abuse and its affects. An independent expert group will be appointed to determine these criteria.
Since this announcement, officials of my Department have had further discussions with groups representing survivors of abuse to consider the details of this proposed legislation. In all, my officials have met with or received submissions from ten groups representing victims of abuse and the consultations remain ongoing. These consultations will have a direct role in shaping the final legislation produced. It is my intention that, wherever practicable, the views of victims of abuse should be incorporated in the legislation. My Department and the Attorney General's Office have also met with legal representatives of victims of abuse.
The Deputy may also be aware that shortly after the Government's announcement in October, the Conference of Religious in Ireland, CORI, acting on behalf of the religious congregations, announced a decision in principle to participate in any scheme prepared by Government, and further announced that that they would make a meaningful contribution to such a scheme. My officials are currently meeting with the representatives of the religious orders, to explore how they might be involved in this scheme.
The commitments given by this Government in October of last year and February of this year are priorities for this Government. It is, therefore, my intention subject to the discussions being carried out with survivors of abuse, and with the religious congregations, to publish legislation on this issue very shortly. It is further my intention that this legislation be enacted before the summer recess, to allow for the process of redress to commence later this year.
Question No. 223 answered with Question No. 221.
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