In February 2001 the Government approved proposals for a residential institutions redress scheme which formed a major part of its general approach to try and bring some healing and closure to victims of child abuse, recognising its own responsibilities to those victims. These proposals were approved by the Oireachtas in the subsequently enacted Residential Institutions Redress Act, 2002.
It was considered by Government that the religious congregations should be asked to make a meaningful voluntary contribution towards the cost of the scheme. However, it should be emphasised that the Government had already decided to go ahead with a redress scheme even if the religious congregations were not to contribute to it. Having regard to the nature of the scheme, and given that it was a voluntary contribution, the issue of requesting an assessment of the assets held by the congregations was considered but the exercise was not regarded as being relevant.
Following the Government approval of the redress scheme a group of officials from the Department of Education and Science, my Department and the Office of the Attorney General met representatives of the religious congregations on a number of occasions during the period February 2001 to October 2001 to explore whether they would make a contribution. It was clear from the early stages of the negotiations with the congregations that they would not participate and contribute to the scheme, without a cap and an indemnity. The decision was taken, following earlier clearance at ministerial level, that the negotiators could propose an approach based on a 50:50 contribution with a cap of £100 million –€127 million, together with an agreement in principle to an indemnity to be subsequently drafted between the parties. This was put to the religious congregations at the meeting of 16 October 2001 but was not accepted by them at that stage.
Following further direct discussions between representatives of the congregations and the Minister for Education and Science during December 2001 and January 2002, the Minister announced, on 30 January 2002, that the Government had agreed in principle to a set of proposals whereby the congregations would contribute €128 million to the scheme in return for the indemnity by the State, the details of which had to be subsequently drafted.
An official from my Department attended a meeting with representatives of the Department of Education and Science and religious congregations in mid-March 2002 to advance matters. This was followed by meetings between officials from the Department of Education and Science and the Office of the Attorney General and representatives of the religious congregations on the detailed provisions of the indemnity scheme. Officials from my Department were not in attendance at those meetings. However, my Department was kept informed of developments generally and met officials from the Department of Education and Science and the Office of the Attorney General in mid-May, with a view to concluding matters at official level so that the agreement could be formally submitted to Government.
As at 5 June 2002, when the Government agreed the indemnity agreement, the best information available from the Department of Education and Science was that the estimated cost could be in the range from £200 million to £400 million –€250 to €500 million euros The cost could be higher or lower depending on the actual number of cases and the awards made. The final cost will not be known until the redress board has completed its work, which will be at least three years hence.
