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Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: It is not just the case in that legislation. The Health (Miscellaneous Provisions) Bill has not been presented for its next Stage yet. There is a raft of other legislation to be considered. When one has been in this House for a long time, one is able to cite Bills that were passed years ago that, while they are Acts today, contain sections that have not yet commenced. It is frustrating, I...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: At the conclusion of this hearing, we will go into private session to determine how the committee will seek to change what we have had to listen to here this morning. We will certainly communicate with the Minister. Perhaps in this situation, because it appears to go beyond the Department of Justice and Equality, we might also communicate with the Taoiseach. It is something we will decide...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: You might address the Deputy's second question.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: Mr. Martin might remember all those questions. I have rolled back the tape in my head and I remember Deputy Daly's earlier question was whether any effort had been made by the Department at any time to raise the issue of those placed in an institution and also working in the laundry and if the Department sought to have that changed.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: Is there a timeframe within which the Department expects to conclude its work?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: Can Mr. Martin furnish copies of his replies to requests for additional information through the clerk to the committee?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: They can then be circulated to every member.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: We will be moving to that decision in a moment. Before we conclude with Mr. Martin, in relation to a question I posed to the Ombudsman earlier on the moneys provided in order to fund the redress scheme, am I correct in understanding that the availability remains and in the event of a favourable decision, which we wish for, a further provision would not be required?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: The sum of €50 million was mentioned.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: Clearly not. The likelihood of course is that many of those involved would probably have depended on social protection payments in any event and would thereby qualify for a medical card in the normal course - that these were not necessarily consequential on the fact that they qualified under the terms of the redress scheme.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: Okay. I thank Mr. Martin and Ms O'Keeffe for attending and for their contribution. It was very informative. It would be remiss of me in concluding if I were not to say to them that we are anxious to be kept informed of progress. We hope the exercise is expedited with all the necessary compassion and understanding. Perhaps it may be open to reconsideration in terms of the brief the...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: I do not think it is necessary for us to go into private session. Does Deputy Chambers concur?

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: If we had to go into private session I would have had to ask all our visitors to leave and that is an unnecessary exercise so I have taken the Chair's prerogative and said we have made this decision. I thank Mr. Martin and Ms O'Keeffe. I invite Mr. Tyndall and his colleagues to join us for a very brief interaction. We are talking about a maximum of 15 minutes. Is that agreed by members?...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: Yes, Mr. Tyndall will address the committee.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: Does the Ombudsman wish to comment, having listened to our engagement with the Department officials? It is important that we do not personalise our remarks. The officials are here to represent the Department. We respect them and know that it is not easy to face the difficult questioning that has been put to them. They are not the authors of this situation. Does the Ombudsman want to...

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: On Sean McDermott Street in Dublin.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: I thank Mr. Tyndall. I call Deputy Clare Daly who will be followed by Deputy Jack Chambers.

Joint Oireachtas Committee on Justice, Defence and Equality: Administration of Magdalen Restorative Justice Scheme: Report of Ombudsman (31 Jan 2018)

Caoimhghín Ó Caoláin: I do not think there are any further questions. In looking back over the different documents and information, I am reminded of a remark made by the former Secretary General of the Department, Mr. Noel Waters, regarding Mr. Tyndall's findings. He stated that the Ombudsman's adverse findings demonstrated "a fundamental misunderstanding of the scheme" on the part of the Ombudsman. I would...

Questions on Promised Legislation (1 Feb 2018)

Caoimhghín Ó Caoláin: It was announced this week by the Government that it is to finally ratify the UN Convention on the Rights of Persons with Disabilities, UNCRPD. I welcome this development. Can the Tánaiste indicate a date for when the ratification resolution will be brought before the Dáil? A raft of legislation is still required, including new legislation and amendments to existing legislation....

Questions on Promised Legislation (1 Feb 2018)

Caoimhghín Ó Caoláin: What of the Assisted Decision-Making (Capacity) Act 2015 measures that are not yet in place?

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