Dáil debates

Tuesday, 17 February 2015

Redress for Women Resident in Certain Institutions Bill 2014: Report Stage (Resumed)

 

7:10 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

To date, €18 million has been paid out. The amounts range from €11,000 to someone who spent a weekend in a Magdalen home to €100,000 to other women. The women concerned are in daily contact with the Department and I have already said in the House that the advocates representing them have talked positively about the service they have received. I reject the characterisation of Deputy Mary Lou McDonald of it as damage limitation and a piecemeal exercise. That is not an accurate description of the approach of the Government in developing the scheme, dealing with the medical needs of the women concerned or its day-to-day contact with them. A significant apology was given by the Government which very quickly made a commitment to set up the scheme and ensure the women concerned had access to these services.

Deputy Maureen O'Sullivan asked about services overseas. I commented on this issue in the debate on Second Stage, saying the HSE had agreed to provide equivalent services and make provision for them wherever the women in question were living. The services are available here and it is matter of the women in question being in contact and recognised and this fact being made known to the HSE.

The problem with the amendment is that the Quirke report recommends the introduction of this provision. A number of Deputies have been critical of this point, but it arises from the recommendations of Mr. Justice Quirke. He recommends, in section 2.12, that eligibility for ex gratiapayments and other benefits must be conditional on applicants accepting the offer of benefits and services. That is the essence of the approach taken. Deputies are correct to make the point that, if anyone in this position has assigned a waiver, there is always the possibility a person can go to the High Court or back to court. It is the right of an individual to do so, irrespective of whether they hold certain beliefs.

The health services and benefits set out in the Bill can only be provided for a person who has accepted a formal offer under the scheme. For example, the provisions in section 4 of the Bill provide that the ex gratiapayments are exempt from any assessment of means under the nursing home support scheme. That is very important for the women concerned, particularly the older age cohort. For the section to have effect, it can only apply to those who have received such ex gratiapayments. The amendment would be in conflict with the central approach recommended by Mr. Justice Quirke and the objective of the Bill, which is to provide a range of services as detailed in the earlier amendment for the women concerned.

The effect of the amendment would be to remove the requirement which restricts eligibility for benefits under the Bill to persons who accepted a formal offer made under the scheme. That is the essence of the approach recommended by Mr. Justice Quirke to address the needs of the women concerned. The response of many of the women in daily contact with the Department about the scheme has been very positive. The staff in the dedicated unit in the Department are dealing with all queries they receive on a daily basis. There was extensive contact at the beginning of the process, but it has lessened as issues were addressed satisfactorily.

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