Enda Kenny (Mayo, Fine Gael) | Oireachtas source

All of the outstanding committed contributions are being pursued. In particular, officials in the Department of Education, the Chief State Solicitor's office and the HSE are following through on the completion of the remaining property transfers under the indemnity agreement. I understand they are near the completion of 11 of them. Progress is also being made on the completion of the 2009 voluntary offers of €96 million, being contributed in cash and property. The 2002 indemnity agreement is binding on the parties to it, including the State and the 18 contributing congregations. It is not possible to open that agreement unilaterally or try to force the party to do something that is not provided for in the agreement. Regrettably, the 2002 agreement means that the present Government does not have legal mechanisms open to it to compel the religious congregations to meet the 50-50 target or to deliver more rapidly on the voluntary offers made back in 2009.

Would the State consider taking educational property off the religious? It would be appreciated that the strong constitutional protection afforded to private property in the Constitution makes it virtually impossible to confiscate congregational property, as has been suggested by some. Obviously, I believe that a better approach is for the congregation to enhance significantly its cash contributions and to enter into discussions with appropriate Ministers regarding the voluntary transfer of key properties in the education sector and the health sector to the State.

Pope Francis is a very different kind of Pope, as Deputy Burton is aware.

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