Dáil Éireann Debate, Wednesday - 27 October 2004
167 Mr. O’Shea asked the Minister for Education and Science the estimated final bill arising from the indemnity deal between the State and the religious orders; if there is likely to be more institutions added to those involved; and if she will make a statement on the matter. [26139/04]
Amharc ar fhreagraThe indemnity agreement to which the Deputy refers is the agreement between the State and 18 religious congregations that was signed on 5 June 2002. Under the agreement the congregations made a contribution of €128 million to the residential institutions redress fund and in return for this contribution, the previous Government agreed to grant an indemnity to the congregations that were parties to the agreement.
The indemnity applies only to cases which are eligible to be dealt with under the terms of the Residential Institutions Redress Act 2002, but which are not resolved within this scheme, and in respect of which litigation is commenced within six years of the date of the agreement. In the event of a congregation deciding to run a case itself then the indemnity will not apply.
It is anticipated that the vast majority of cases will be dealt with by the Residential Institutions Redress Board rather than through the courts. Therefore, it is expected that the indemnity will apply to relatively few cases. However, as there is no way to predict at this time how many claimants will opt to go through the courts rather than the redress board, I am not in a position to estimate the likely cost of the Indemnity to the State. To date, the indemnity has been invoked in settling just three cases. Furthermore, the settlements that were reached in these three cases were all well within the parameters of the awards that can be made by the redress board.
My Department had estimated prior to the establishment of the redress board that the cost of awards would be €508 million. The recent report of the C&AG estimated that the final outturn would be in the range of €605 million; to €828 million. However, it is not possible at this stage of the process to determine what the final outcome will be.
My Department has received correspondence from both individuals and survivor groups identifying a number of additional institutions that may be eligible for inclusion in the Schedule. It has been necessary for my Department to establish if the institutions identified to it are eligible for inclusion in the Schedule and this process has proven to be time consuming and is continuing.
While inquiries have not yet been completed in respect of all institutions, I can confirm that the Government has recently approved the addition of a further 13 institutions to the Schedule of the Residential Institutions Redress Act 2002. In accordance with section 4 of the Residential Institutions Redress Act 2002, a draft of the order necessary to add these 13 institutions to the Schedule was approved by both Houses of the Oireachtas this week and I intend signing the order as soon as possible.
Inquiries into and consideration of the other institutions that may be eligible will continue and it may be necessary to bring a further order forward in 2005.
