Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

I refer to an article in this week's Irish Examinerthat made reference to Magdalen campaigners and human rights groups addressing the Government's legislation on the Redress for Women Resident in Certain Institution Bill 2014. They called the Bill "unacceptable, unfair and full of broken promises". Sinn Féin is in full accord with the assessment of these groups.

Last month, the Minister for Justice and Equality, Deputy Frances Fitzgerald, presented the Bill as the Government's solution to outstanding issues in the promised health care support package for Magdalen survivors. At a joint press conference in Dublin, Justice for Magdalenes Research, the National Women's Council of Ireland, the Irish Council for Civil Liberties and Amnesty International all said the Government package fell well short of what was recommended by Mr. Justice John Quirke.

Lawyer and Justice for Magdalenes Research member Maeve O'Rourke called the legislation "an obvious and unacceptable paring back of what the Government promised as part of the women's redress package". Mr. Justice Quirke recommended that each woman receive a card entitling her to the full range of health services provided to State-infected hepatitis C survivors under the Health (Amendment) Act card scheme. Instead, the Bill promises little more than the regular medical card. The Quirke report stated 91% of Magdalen survivors already have a medical card or GP visit card. Therefore, what and where are the additional services promised? The women had a legitimate expectation of receiving other services, which were omitted from the Bill and which are available to HAA cardholders. They range from private GP services, access to high-tech drugs and complementary therapies, including massage, reflexology, acupuncture, aromatherapy and hydrotherapy, to counselling from any professionally accredited counsellor, comprehensive dental care, audiology services from private practitioners where services are not available within the public health service and private physiotherapy services. None of these is included in the Bill.

It is essential to note that, on page 35 of his report, Mr. Justice Quirke's states:

In addition to the HAA card, each of the HSE areas provides a person, described as a hepatitis C liaison officer, whose role it is to ensure that persons who are entitled to the HAA card receive the services to which they are entitled under the legislation. The liaison officer fulfils an important role and is responsible for coordinating and assisting the card holder to access primary care services...

This is yet one more critical element absent from the Government's proposed Bill.

In the critical area of mental capacity, the group said Mr. Justice Quirke's report recommended that the Nursing Homes Support Scheme Act 2009 be extended to Magdalen women who lack full capacity. This measure is necessary in order that applications to the redress scheme can be made on their behalf and their assets can be managed by a court-appointed representative in their best interest. However, as with the heath care deficiencies, this is just one more critical recommendation that has been ignored within the context of the Bill, without explanation of any kind.

The Government needs to explain why it is not providing for the appointment of care representatives. Have appropriate assessments been carried out to determine which women have sufficient capacity to manage their affairs and which women do not? Has the Department of Justice and Equality accepted any application from a religious order and made a payment in respect of a woman who lacks full capacity but who is not already a ward of court or the subject of an enduring power of attorney? This is just one more critical recommendation that has been ignored within the context of the Bill, without explanation of any kind.

The Magdalen women’s supporters and human rights advocates who were present at the meeting addressing the Bill claimed the Government was refusing to back-date pension entitlements, despite Mr. Justice Quirke's recommendation that survivors be treated as if they had made full pension contributions. Mr. Colm O'Gorman of Amnesty International Ireland said it was "shocking" that the Government continued to claim that the McAleese inquiry was a comprehensive investigation. He stated:

We remind the Government that women and girls in these institutions experienced a range of human rights abuses including inhuman and degrading treatment, arbitrary deprivation of liberty and forced labour. We call on the Government to live up to its obligations in the Quirke Scheme.

Dr. Katherine O'Donnell of Justice for Magdalenes Research claimed the waivers the women signed promising not to sue the State in return for redress are on "shaky ground" as the legislation is "in clear breach of the women's legitimate expectations".

The Government agreed in public and on the Dáil record to implement Mr. Justice Quirke's recommendations in full. Justice for Magdalenes Research believes that if the Government reneges on its promise to implement those recommendations in full, the women's waivers will be rendered legally unenforceable. Justice for the survivors of the Magdalen laundries must be seen to be done. The proposed Government Bill, as now constituted, fails to do that.

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