Dáil Éireann Debate, Tuesday - 24 April 2012
278 Deputy Gerry Adams asked the Minister for Education and Skills if he has been contacted by a person (details supplied) in County Armagh seeking inclusion in the residential institutions redress scheme; the reason the person has been refused; and if he will make a statement on the matter. [20469/12]
Amharc ar fhreagraThe Residential Institutions Redress Board was established pursuant to the Residential Institutions Redress Act, 2002 to provide fair and reasonable financial awards to victims of institutional childhood abuse. The Board operates independently and the application process is confidential in accordance with the terms of the 2002 Act. Therefore, I am not in a position to comment on any individual application to the Board.
My Department has however received correspondence from the legal representatives of the person to whom the Deputy refers and I can advise the Deputy that in accordance with the 2002 Act, applicants had a period of 3 years in which to submit an application to the Redress Board, that is until 15th December 2005. Section 8 of the 2002 Act allowed the Board to extend the period for receipt of an application in exceptional circumstances. The Board considers each submission as to why an application was not lodged in time individually.
The Residential Institutions Redress Amendment Act, 2011 removed the Board's power to accept late applications received on or after the 17th September, 2011. This legislation was enacted some 8 and half years since the Board was established and 5 and half years after the initial closing date. I am satisfied that sufficient time has been given to potential applicants to apply to the Redress Board. The Board undertook an extensive advertising campaign, utilising press, television and radio advertising and held information days and distributed leaflets and pamplets. In addition, there has also been press advertising by solicitors which served to inform people of the Board's existence. The Board undertook further advertising in 2011.
By the final cut-off date in September, 2011, the Board had received 2,766 late applications. At end March 2012, the Board had allowed 1,136 late submissions to be considered as valid applications. The Board has a further 1,256 late submissions to consider.
279 Deputy Gerry Adams asked the Minister for Education and Skills the reason the new residential institutions redress scheme is limited to those who received an award under the Residential Institutions Redress Acts 2002 to 2011; and the rationale for such limits which will have the effect of preventing those who suffered abuse from receiving justice. [20470/12]
Amharc ar fhreagraThe recently published Residential Institutions Statutory Fund Bill provides that those former residents who received financial awards from the Residential Institutions Redress Board or similar awards or settlements in court proceedings, will be eligible to apply for assistance from the Statutory Fund. While the Residential Institutions Redress Board is continuing to process its remaining applications, it is likely that in the region of 15,000 former residents will successfully complete the redress process and be eligible to apply. The Deputy will be aware that while applicants initially had three years to apply to the Redress Board, it continues to consider late applications in exceptional circumstances, where the applications were received by 17th September last year.
Having regard to the maximum funds available of €110 million and the potential pool of the 15,000 applicants, I believe that the approach taken to eligibility is correct. If eligibility were significantly widened to include, for example, all former residents of scheduled institutions, then the amounts available to fund services for individuals could be greatly reduced and the effectiveness of the Statutory Fund could be put at risk. Recipients of redress awards have been through a fair but thorough process. Provision is included in the Bill to allow the Redress Board advise the Statutory Fund of the name, address and date of birth of award recipients. Such a provision will allow the Fund to confirm applicants' eligibility and minimise the associated administration.
Some former residents may, as was their right, have chosen not to make an application to the Redress Board but every encouragement was given to them to apply: there was extensive advertising of the Redress Scheme which has operated for some nine years. Of course, any former resident who will not be eligible for assistance from the Fund can continue to avail of the National Counselling Service and the Family Tracing Service. While I believe that this is the correct approach at this stage, I would nevertheless note that the issue of who is eligible to apply for assistance could be reviewed following the establishment of the Statutory Fund, in the event of the applications to the Fund not resulting in a significant expenditure of the Fund.
