Joe McHugh (Donegal, Fine Gael) | Oireachtas source

I thank the two Deputies for raising the matter. It is a broad one relating to Caranua's 2017 annual report and the appeals process, so I have a fairly broad answer, but there are statistics and bits of information that might be relevant to the discussion.

Caranua is an independent statutory body established in 2013 under the provisions of the Residential Institutions Statutory Fund, RISF, Act 2012 to utilise the €110 million cash contributions pledged by the congregations to support the needs of survivors of residential institutional child abuse. It is entirely funded by those contributions and no Exchequer funding is involved. The board adopted the service name Caranua in October 2013 and set up a website, . Section 22 of the RISF Act provides for a right of appeal against decisions made by Caranua. Mr. Pat Whelan, the first appeals officer, was appointed to that position in 2014 with further one-year periods in 2015 and 2016. Two appeals officers, Ms Geraldine Gleeson and Mr. Brendan O'Leary, were appointed in May 2017 to deal with a backlog of cases that had built up. The 2017 annual report, which is Ms Gleeson's and Mr. O'Leary's first report, covers the period 15 May 2017 to 30 April 2018. The report was published on 4 October 2018.

There were 140 cases outstanding when they took up their position and they received an additional 87 appeals between May 2017 and April 2018, giving a total of 227 appeals for consideration. A total of 193 cases were completed during this reporting period, leaving 34 appeals on hand. The report confirms that of the 193 cases completed between May 2017 and April 2018, 83 or 43% were upheld, that is, the original decision on the application was revoked by the appeals officer; 18 cases, which is 9%, were partially upheld; and 26 cases or 14% were referred back to Caranua for reconsideration in accordance with specific directions from the appeals officer. A total of 54 cases, 28%, were not upheld, that is, the original decision was affirmed by the appeals officer; and 12 cases, 6%, were either discontinued or withdrawn.

Of the 87 additional appeals received during the period covered by this report, 26 related to home improvements or repairs, 22 related to personal well-being and health matters, 15 related to household and personal items, eight were for funeral expenses, seven were for education, four for eligibility, four for travel or transport, and one for financial assistance.

The two appeals officers were appointed in May 2017 for a one-year term. For personal reasons, one of the appeals officers decided not to accept reappointment to the position. Given that the number of appeals on hand is manageable by one appeals officer, I do not intend to appoint a second appeals officer at this time but the situation will be monitored. I take on board what was said here tonight in that regard.

To date, costs amounting to €82,200 have been incurred in relation to the work of the appeals officers. Administrative support is provided by a Department official. The annual report addresses a number of specific policy issues, including issues raised in previous annual reports. The perception that Caranua made an administrative decision to refuse to process further applications from applicants, on the basis that they had received support and services, in favour of those who had not yet applied or received support was a core issue of previous annual reports. Caranua's position is that it must manage the fund so that it can be shared fairly among all people who can apply to it. This policy issue is primarily a matter for the board of Caranua. Decisions of the appeals officer may be appealed to the High Court on a point of law. One such appeal was initiated in 2017 by the board of Caranua. The case centred on the personal allocation limit introduced by Caranua in the revised guidelines published in June 2016. Based on the legal advice received, the case was settled by the appeals officers. There is ongoing litigation in the High Court, with seven cases being taken against the appeals officers on the grounds that the personal allocation limit of €15,000 should not be applied retrospectively where the applicant has received funding for services from Caranua.

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