Oireachtas Joint and Select Committees

Tuesday, 24 May 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

General Scheme of the Mother and Baby Institutions Payment Scheme Bill 2022

Ms Laura McGarrigle:

I will start by answering the questions about getting the scheme up and running. Then I will explain how it runs, respond to the timing question and speak about having a scheme that is simple, clear and transparent. I will also answer the question on the interim payment.

It is the firm intention of the Minister to establish the scheme as quickly as possible but that depends on the passage of this legislation. That is one of the factors behind the IDG's recommendation that we establish an executive office where we can do an awful lot more work in parallel than if an agency were to be created, which would take a longer lead-in time to establish. It would take time to establish all of the ancillary infrastructure that an agency would need, which is not needed in a Department as it can start to leverage existing ICT, human resources, etc.

I confirm that there is a commitment to establish the scheme as quickly as possible. The Deputy mentioned the need for a firm commitment. That is something that came through strongly in the consultation with survivors and stakeholders, and it was a key concern of the IDG. The IDG recommended that the scheme be as clear, transparent, simple and user-friendly as possible so that entitlements would be very clear. Again, that is the idea - the general approach would be one where it is very clear to applicants that the payment is based on the length of time a person was a resident. One would know that if one were a resident, one would have a good degree of certainty in terms of applying to the scheme and qualifying for benefits versus having to bring forward a burden of proof. Obviously that is also a much more straightforward and efficient type of scheme to run than one that would require individual engagement with people having to bring forward evidence, which would have the potential to have a traumatising effect. There is also the question of the length of time such a process would take. These aspects are very much reflected in the intention of putting together this general scheme and in the work that the team is undertaking at the moment to prepare the infrastructure to deliver the scheme.

We appreciate that people are very keen for an interim payment to be made. Also, it is very important that the scheme is opened up as quickly as possible.

A practical challenge is that because the scheme is already designed to provide one payment, which is based as simply as possible on residence, it is not apparent how we would make an interim payment in any faster way, particularly because we require the same infrastructure to make the payment. Therefore, we need the IT system and the human resources in place to make the interim payment in the same way we would need it to make the full payment. The scale of this scheme is way in excess of any other of its kind the State has ever administered in terms of the anticipated 34,000 applicants at an estimated cost of €800 million. With the expected number of applicants, the scheme is the largest of its kind in the history of the State. We need a legislative basis for access to records and data sharing. For those reasons, unfortunately, we cannot see how we can move any faster because we need those core blocks to make any form of payment but we are committed to wanting to do this as quickly as possible in the interests of survivors.

The Deputy mentioned advocacy and support for people making applications. Action 1, which is a measure that sits within a much broader Government response and a suite of measures to respond to the needs and concerns of survivors and to recognise the wrong that was done and the suffering, is the creation of enhanced stakeholder engagement mechanisms. We are currently working on proposals for a new form of advocate model that would enhance the level of advocacy support provided in this space. That is something we hope to progress alongside progressing this scheme as well as ensuring existing mechanisms can be supported.

The Deputy mentioned the fact that nothing can repay what has happened to people. That point, absolutely, was very much recognised in the work of the IDG. It is so sad but, sadly, we cannot give back what was taken away. We cannot hope to compensate. Therefore, this scheme, as part of the broader action plan, is an attempt to acknowledge, recognise and make amends for the suffering and wrong but recognising that no money can compensate and it does not attempt to do so. It attempts to recognise and acknowledge.

The Deputy also mentioned counselling for families. The commitments made and the supports put in place to date for counselling services and prioritised access are for survivors and former residents. There is not anything specific that has been put in place for families.

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