Finian McGrath (Dublin North Central, Independent)

I welcome the opportunity to speak on the Residential Institutions Statutory Fund Bill 2012. Before I speak on the details of the Bill I express my solidarity with and understanding of the plight of all victims and survivors of sexual and other abuse. Their suffering can never be forgotten but we will never be able to compensate them for the loss of their childhood. If this House wants to be serious, we must put compassion, truth and justice at the top of our agenda. Failure to act in this manner would be another crime against the survivors of abuse. Good practice, quality child safety provisions and top-class legislation must be part of the solution. Vigilance is also a part of the child protection agenda to ensure this abuse is not repeated.

I commend the survivors on the courage and dignity they have shown but let us not forget the victims who were left adrift because they were unable to speak out. Children with intellectual disabilities are the forgotten victims because they did not have the mental capacity or wherewithal to come out of the dark tunnel of abuse. I urge the Minister to be creative and sensible in dealing with this issue.

Following the publication of the Ryan report in 2009, the congregations which managed the residential institutions and which were party to the 2002 indemnity agreement were asked to provide further contributions by way of reparation. The Government agreed to proceed with legislation establishing a residential institution statutory fund in order to support the victims of abuse. It is important to note that the decision received cross-party support in the Dáil. This Bill was prepared following a process of public consultation with groups representing the survivors of residential institution child abuse, religious congregations and other interested parties. The fund will be financed by the cash portion of the offers from the congregations, which totals approximately €110 million. To date, contributions of €21.5 million have been received for the statutory fund. These, and the remaining contributions to be received, will be invested in an investment account to be established by the NTMA. Those who received an award from the redress board or an award or settlement in court proceedings, and those who have otherwise received an award from the redress board, will be eligible to apply for assistance to the fund. I welcome that. It is likely that some 15,000 former residents will successfully complete the redress process. In response to applications from eligible residents, the fund can make arrangements for the provision of improved services and may pay grants to assist former residents to avail of approved services.

Looking beyond the details of the legislation, the Education Finance Board was established on a statutory basis in 2006 and is funded through a contribution from the religious congregations of €12.7 million under the 2000 indemnity agreement. It is specifically earmarked for educational support for former residents and their families. It has almost completed the performance of its functions. The Education Finance Board will be dissolved and its staff will transfer to the statutory fund, which will assume its functions in respect of the remaining moneys available. That is the background to the legislation.

I welcome Mr. Paddy Doyle to the Visitors Gallery. He is a long time campaigner for people in institutions and on the broader issue of disability. I met Paddy when my daughter was born. She has an intellectual disability and he was one of the first people to influence me about disability rights and civil rights for people with disabilities. I thank him for his work on this issue.

When talking about the rights of children who came out of these institutions, we must remember they were the invisible children for many years. Children who find themselves in tough situations are often not afforded the care and protection they deserve. Historically, the State has shirked its responsibility for vulnerable children, allowing organisations like the church to fill gaps in services. The Kilkenny incest investigation in 1993 was the first report to outline the gaps in Irish law causing grave problems for children. Many subsequent reports regarding children, such as the Ferns, Ryan and Murphy reports, reiterated these concerns. There has been much outcry but, unfortunately, little concrete action has been delivered. We must watch this in respect of further debate in the House and the children who have suffered abuse.

Over a decade after the publication of the Children First national guidelines, we do not have enforceable child protection law in Ireland. The vetting of individuals working with children remains voluntary and the law continues to discriminate against certain children on the basis of the marriage status of their parents. I am pleased the Minister is in the House. We should be radical and creative. Things that were done in the past are often positive. It is not just a case of having so many points in the leaving certificate if one wants to work in the education service. People also need other skills. Many years ago, when applying for teacher training colleges, people had to undergo an in-depth interview as well as having academic qualifications. When I turned up at St. Patrick's College, psychologists, others involved in education and those with an interest in children were in place and all students were vetted after the call to training. We were all given a hard interview.

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