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Written Answers — Department of Employment Affairs and Social Protection: State Pension (Contributory) (1 Feb 2018)

Clare Daly: 322. To ask the Minister for Employment Affairs and Social Protection the effect that gaps in work years other than those spent caring or unemployed will have on pension entitlements when a total contributions approach to pensions is introduced. [5047/18]

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

Clare Daly: I thank Mr. Tyndall for coming in today. It is fair to say we are in an unprecedented situation. To be honest, his report was scathing. It revealed a deeply flawed administrative process which resulted in women being wrongfully denied an entitlement they had and it is clear that has deeply affected Mr. Tyndall. I thank him for his compassion in that regard but how did we get here and what...

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

Clare Daly: Does Mr. Tyndall have any idea why these problems arose or did he get any light shed on it? Even if we take the second payment, the residential institutions payments, Mr. Justice Quirke specifically said that should not be included. It was not included at the start but somebody decided to include it and, as Mr. Tyndall said, as a result, people who never got a payment out of that were then...

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

Clare Daly: The key aspect for now is whether Mr. Tyndall has had any indications subsequent to the publication of the report that there has been a change in attitude. We tabled parliamentary questions on it and, to be honest, the responses from the Minister are not hugely different from the responses Mr. Tyndall got midway through the process. We are still being told that we cannot get into the...

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

Clare Daly: I see that Mr. Tyndall's recommendations include the Department reconsidering the applications it has received. He gave the Department a timeframe of three months at the longest to do so. He said that it should immediately estimate the numbers involved and develop a timeframe. Two months of that timeframe of three months at most have now expired. Has Mr. Tyndall had any indication that...

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

Clare Daly: Obviously we will want to ask the Department many more questions. I do not know if the Ombudsman is in a hurry but is there a possibility of him being able to return given that the Department does not accept his recommendations? Is there a facility to call people back or have the people there at the same time? The problem is that, based on responses to parliamentary questions I have...

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

Clare Daly: Given that some evidence might be contradicted, can we recall witnesses or could they sit side by side?

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

Clare Daly: In hindsight I am sorry we did not reverse the order. We have many questions for the Department so perhaps we will wait and see.

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

Clare Daly: Yes. I would like to bring the Department in now.

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

Clare Daly: I do not know what I feel at the moment. The contrast between the two presentations is utterly striking. The Ombudsman was at pains to say that when he was making criticisms of the administration of the scheme, it was not a personal slight on any of the front-line staff who were administering the scheme but a question of the deficiencies in the manner in which the administration of the...

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

Clare Daly: Is Mr. Martin aware of any scenario where an Ombudsman's findings have not been accepted by a Government Department?

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

Clare Daly: Are there many such cases? Can Mr. Martin give an example?

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

Clare Daly: What is that case?

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

Clare Daly: It is very rare that an Ombudsman's recommendation is not adhered to.

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

Clare Daly: I know there is a contradiction between words and actions but based on the report the Department gave us and my reading of Mr. Martin's presentation, the Department of Justice and Equality does not accept the findings of the Ombudsman.

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

Clare Daly: The problem I have is that the Ombudsman did his report in November. I tabled questions to the Minister in response to that and got an answer telling me the Department will give full and careful consideration to all the recommendations contained therein. He said he is waiting for the Department. Mr. Martin is saying the Department is waiting for the Minister. There is a Chinese wall being...

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

Clare Daly: Is it Mr. Martin's contention that it would require a new scheme?

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

Clare Daly: That is not the case. The Ombudsman has presented very strong evidence that the Department of Justice and Equality was well aware of the links between the units attached to the Magdalen laundries and the idea of people working in one of the laundries but being admitted to or resident in an adjacent building. The Ombudsman has presented very clearly how that does not refer to new...

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

Clare Daly: Does Mr. Martin accept it was never defined anywhere and was equally open to a different interpretation?

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

Clare Daly: Does Mr. Martin accept it includes the earlier An GrianĂ¡n?

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