Dáil Éireann díospóireacht -
Thursday, 27 Feb 2003

Vol. 562 No. 3

Written Answers - Residential Institutions Redress Scheme.

Joe Costello

Ceist:

70 Mr. Costello asked the Minister for Education and Science if he will refer the legal covenant, agreed between the Minister for Education and Science and 21 religious congregations on 5 June 2002 regarding the provision by the State of indemnity to the congregations in respect of compensation claims taken by former residents of institutions in respect of abuse, to the Attorney General for examination as to its legal integrity; and if he will make a statement on the matter. [2899/03]

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

I assure the Deputy that officials from the Office of the Attorney General were involved in the negotiations which took place prior to the signing of the indemnity agreement between the State and the religious congregations on 5 June 2002. On 10 November 2000, the first meeting in relation to seeking a contribution from the religious congregations was held. This meeting was attended by officials of my Department, the Department of Finance, the Office of the Attorney General and representatives from the religious congregations. At the meeting the representatives for the religious congregations indicated their willingness to make a meaningful contribution to the residential institutions redress scheme.

A series of meetings between November 2000 and June 2001 was attended by representatives of the congregations, officials from the Department of Finance, the Office of the Attorney General and my Department. In the course of these discussions the congregations raised the question of indemnity as part of an agreement to contribute to the redress scheme. The discussions referred to above terminated without any agreement being reached as to the contribution that the congregations should contribute to the scheme. The then Minister for Education and Science, Deputy Woods, held further meetings with the congregations on 7 November 2001 and 7 January 2002. The outcome of these meetings was that the congregations agreed to make a substantially improved contribution to the redress scheme than the offer made prior to the termination of discussions with officials. At that stage Dr. Woods brought these proposals to the Cabinet.

The Government agreed in principle to the key elements of the agreement on 30 January 2002. A series of meetings was held from January to late May 2002 at official level with the congregations and their legal advisers to finalise the details of the agreement. As the Attorney General was fully involved at all appropriate times during the course of the negotiations and his office prepared comprehensive advice for the Government prior to the decision being taken to sign the agreement, I am satisfied that the indemnity agreement contains all the essential points of a legally binding contract and that the question of referring the agreement to the Office of the Attorney General for further consideration is not necessary. I assure the Deputy that all legal considerations which should have been considered were considered during the negotiation period and again during the final drafting of the indemnity.

Question No. 71 answered with Question No. 8.

Question No. 72 answered with Question No. 31.