Seán Haughey (Dublin North Central, Fianna Fail)

There are a few other outstanding issues I want to deal with. The Bill seeks to remove section 28(6) of the current legislation. Deputy Quinn, in a statement issued on Thursday, 18 June, and again tonight, suggested that this section effectively prohibited applicants from recounting the stories of their childhood. That is simply not the case. This provision was originally included in the legislation because of people's constitutional entitlement to their good name and, without this provision the redress board would descend into a series of individual court cases with an adversarial approach and associated legal representation that would effectively collapse the redress board.

Legal advices received in my Department state that this section of the current Act does not prohibit applicants from recounting the stories of their childhood, as is suggested. All that it prohibits is mention of the fact that compensation was either applied for or paid as a result of the conditions they may have suffered during their childhood. We realise this is an issue of much concern to the victims and we will consider their views further in the context of legal advice.

Another issue of concern to survivors, and one which has also been raised by the Labour Party in the context of this Bill, is the maintenance of records of both the Commission to Inquire into Child Abuse and the Residential Institutions Redress Board. It may be possible to respond positively regarding these recommendations, subject to safeguards. However, there are also likely to be cost implications of any process for safeguarding and providing access to records of the commission and the redress board.

Issues arise also relating to data protection which cannot be ignored. Further consideration will be given to this issue in consultation with the Commission to Inquire into Child Abuse and the Residential Institutions Redress Board and subject to any legal advices which may need to be sought.

The issue of criminal records is one which has been raised many times and the Government has done everything possible to clarify the position. The Department of Justice, Equality and Law Reform was called to give evidence on this module of the Ryan commission hearings in June 2006. During the course of that evidence, the question of the criminalisation of children detained in industrial schools pursuant to an application under section 58 of the Children Act 1908 was raised with the senior official of the Department. It was explained that the provisions of section 58 of the 1908 Act do not create a criminal offence and do not provide for a finding of guilt; and an order made pursuant to section 58 does not give rise to a criminal record.

The Ryan report does not make any recommendations for the introduction of any new measures to address this issue. However, the Minister for Justice, Equality and Law Reform is conscious that individual survivors may still have concerns. He has undertaken that any such individual can write to him, the Minister for Justice, Equality and Law Reform, attaching a copy of their court record and-or any other official documentation, and his officials will look into the concerns.

The Bill also contains proposals to allow the Government appoint an auditor to examine the financial affairs of the congregations to ascertain the true extent of the property available. The Government has already committed to a process whereby a group of three will access the veracity of financial reports produced by the congregations. It is better to await the outcome of the engagement with the religious congregations.

The other matters raised in the Bill also require further consideration and, in some cases, legal advice. It is clear that the Government is committed to addressing the needs of survivors into the future. However, I do not agree that the provisions of the Labour Party Bill are necessarily the way to go. They are all matters which require further consideration and it is for this reason that the Bill is being opposed by the Government.

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