Dáil Éireann díospóireacht -
Wednesday, 29 Jan 2003

Vol. 560 No. 1

Written Answers. - Compensation Payments.

Joan Burton

Ceist:

329 Ms Burton asked the Minister for Education and Science the terms of the agreement reached with the Catholic Church authorities and the religious orders regarding compensation of victims of abuse in residential institutions; the lands and other assets to be transferred to the State as part of that agreement; the use to which such lands and assets were being put prior to transfer to the State; the valuation of such lands and assets; if the agreement is based on an expected total cost of compensation payments under the scheme; if the contribution by the Catholic Church and the religious orders can be increased in the event of the cost exceeding any particular level; the nature of the indemnity given by the State to the Church as part of the agreement; if he will publish the full text of the agreement; and if he will make a statement on the matter. [27130/02]

Minister for Education and Science (Mr. N. Dempsey)

In October 2000 the Government agreed to establish a scheme through which victims of childhood abuse while in institutional care could apply for compensation for their injuries. The Government's decision was taken regardless as to whether the religious congregations who owned and managed the institutions concerned would contribute to the scheme.

Shortly after the Government's decision, the religious congregations indicated that they wished to contribute to the compensation scheme. The Government welcomed this approach because apart from the financial contribution, the Government felt that some closure to the issue of childhood abuse could best be achieved if both the religious congregations and the State participated.

Negotiations between representatives of the religious congregations and the State followed and arising from this an indemnity agreement was signed on 5 June 2002. Under the terms of the indemnity it was agreed that 18 religious congregations would contribute a total of €128 million to the redress scheme.

In return for this contribution the Government agreed to grant an indemnity to the congregations that are parties to the agreement. This indemnity applies only to cases which are eligible to be dealt with under the terms of the Residential Institutions Redress Act 2002, which are not resolved within this scheme and in respect of which litigation is commenced within six years of the date of the agreement. It is hoped that all or certainly the vast majority of cases will be dealt with through the redress scheme rather than the courts. Therefore, it is expected that the indemnity will apply to relatively few cases.

There is no scope within the agreement for the congregations to increase their contribution in the event of the cost of the scheme exceeding a particular level. However, as I have already outlined, the Government's initial decision to set up the scheme was made regardless of whether the religious congregations concerned would contribute. The agreement was not based on any expected total cost for the redress scheme. The breakdown of the contribution is as follows: cash €41.14 million; counselling service €10 million; property €76.86 million.

The property offered to the State is listed on two schedules. The first schedule amounts to €36.54 million and represents properties offered to be transferred to the State. The second sched ule amounting to €40.32 million represents property that has been transferred since 11 May 1999 – the date of the Taoiseach's apology – to the State, State bodies, local authorities or voluntary organisations.

Under the terms of the indemnity the State has a period of nine months to consider the properties offered to establish if the State can benefit from accepting title transfer. In the event the State rejects a particular property the contributing congregation can offer an alternative property or cash equivalent.

Negotiations are ongoing between officials in my Department and the legal representatives of the congregations in relation to the property aspect of the agreement.