Dáil debates

Tuesday, 8 May 2012

Residential Institutions Statutory Fund Bill 2012: Second Stage

 

7:00 pm

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group)

I commend the survivors of child abuse, many of whom are in the Visitors Gallery, and in particular those who spoke out. But for that, we still might not be aware of the horrendous situation. It may not have come to light were it not for those people who were courageous enough to speak out at a cost to themselves. They were criticised as being dishonest and as having an agenda against the church, the State, or both. They are very important people and I commend them on speaking out and making this horrendous situation known to the public.

The Ryan report detailed the huge failures of the State to protect its children and the scandal of the congregations which managed the institutions. We now know that at least 15,000 children were abused in those institutions and it is something we must sort out once and for all. I welcome the creation of the Department of Children and Youth Affairs, the Family Support Agency and the publication of the Children First guidelines and the Criminal Justice (Withholding Information on Offences Against Children and Vulnerable Persons) Bill 2012. I am disappointed we have not had a children's rights referendum. It is urgent and necessary and I hope it will take place before the end of this year. There is an indisputable case for the inclusion of the Magdalene laundries and the Bethany Home in the institutions covered and I urge the Minister, even at this late stage, to include them.

I understand the cost to the State will be €1.36 billion overall and I support the proposal that it be shared 50:50 by the congregations and the State. I note the church is still short approximately €200 million in this regard and I support the Minister's proposal that school infrastructure be transferred at no cost to the State.

A number of issues have arisen in regard to the Bill. We have heard what many of the survivors have said from other Deputies but there is a widespread belief among the survivors that the €110 million, which has been painfully recovered from the orders and the congregations concerned, should be distributed to the victims through an adjustment mechanism by the Residential Institutions Redress Board before it is dissolved. There is concern about the age profile of many of the survivors. There is no doubt the age profile is the high 60s, 70s and even 80s and individuals of that age require different supports from younger people. The question of universal care has been mentioned, which I support.

There is a huge concern among the survivors about the cost of this new board, the chief executive officer, the staff and legal advisers. They believe those costs should be borne by the Minister's Department and not the fund. That turned up in the previous legislation in 2005. Section 11(4) of the legislation is silent on who pays. The Minister makes the appointments and sets the conditions and the expenses referred to are paid from the Minister's Department and not from the fund. This is currently the case with the Education Finance Board but was not for the first three years of its operation because the 2005 Act was also silent on this point.

There is considerable worry about possible means testing. Section 9 seems to suggest there will be means testing. It states that the board, in determining criteria under section 1, shall have regard to the need to take account of the individual circumstances, including personal and financial circumstances of former residents. That is a worry and I urge the Minister to withdraw that section. The question of eligibility is another worry for survivors. The situation should be open-ended with applications being accepted whenever they are submitted. The question of children and grandchildren should be considered in regard to the eligibility criteria.

I commend the Sunlight Housing Foundation which is run by volunteers, many of whom are survivors. It has already housed ten persons in Midleton and there are 14 more on a waiting list. There is no public funding for this facility and I urge the Minister to meet the board of the foundation with a view to providing funding for it.

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