Dáil Éireann Debate, Thursday - 23 February 2017
77. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will ensure that particularly vulnerable Magdalen survivors are provided with personal advocates to ensure they can benefit fully from the ex gratia scheme. [9125/17]
Amharc ar fhreagraThe Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up following the publication of the report in February, 2013 of an Inter-Departmental Committee set up to establish the facts of the State's involvement with the Magdalen Laundries. It was chaired by then Senator Martin McAleese and it is commonly referred to as the McAleese report. The material in the Report relates to 10 different institutions which were run by 4 different Orders of nuns over a period of 70 years. Although there was no finding in the McAleese Report which indicated that the State had any liability in the matter, following the report’s publication the Taoiseach issued a State apology to the women. Mr. Justice Quirke was asked by the Government to make recommendations on an appropriate redress scheme for those who were in the 10 Magdalen laundries that were the subject of the McAleese Report. The Government also included in the scheme the laundry that was attached to Stanhope Street Training School and later also decided to include a 12th institution, the Training School in Summerhill.
In his report, Judge Quirke make a clear distinction between what is required for most women and what is required for those lacking full decision making capacity, including those women that are in an institutional setting. All women eligible under the Magdalen Ex Gratia Scheme are being provided with their entitlements - lump sum payments, pension payments and enhanced medical cards and, in general, the enjoyment of these benefits and entitlements do not require a personal advocate. In the vast majority of cases there are no capacity issues and for these women nominated contact people have been identified in the relevant Departments (Justice and Equality, Social Protection, and Health) to assist the women in accessing their entitlements and in advising the women in a professional, confidential and sensitive manner. Also, the Government has provided grants to the Irish Women Survivors Support Network to provide advice and support to the women who are residing in the UK.
Where possible capacity questions raise, officials in my Department are careful to make an initial assessment as to whether the applicant can understand the scheme and sign the relevant legal documentation. If there is any indication that an applicant has capacity issues, officials cross check with other Departments to establish if there are any issues and, if necessary, a medical assessment is sought. With regard to those person who lacks capacity, it is important to note that a personal advocate has very limited powers. A personal advocate does not have power of attorney to make decisions or otherwise to manage the affairs of the person. That is why the provisions of Assisted Decision Making (Capacity) Act 2015 are so important. Payments to 19 women are being processed under the terms of the Assisted Decision Making (Capacity) Act 2015 with proper safeguards having been established.
It should also that women who were in the Magdalen laundries are already covered under section 21 of the Nursing Home Support Scheme Act, 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.
