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

Donnchadh Ó Laoghaire: Therefore, there is no acceptance that the State is legally liable for the Magdalenes.

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

Donnchadh Ó Laoghaire: It is my view that the State is morally liable.

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

Donnchadh Ó Laoghaire: Deputy Clare Daly made a good point about Chinese walls and abstract distinctions. The Department may hide behind the Minister on the basis that the Minister ultimately calls the shots, but my concern is that the Minister will do the same, with less justification or rationale. Mr. Martin said the Department did not have the discretion or authority to include An Grianán and similar...

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

Donnchadh Ó Laoghaire: Clearly, with reference to Cork, there was a labour element considered.

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

Donnchadh Ó Laoghaire: In relation to the redress scheme for the industrial schools, was labour a consideration?

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

Donnchadh Ó Laoghaire: Although I could be mistaken, I am certainly not aware of anything following on from the Ryan commission or the residential institutions redress scheme that made labour, including forced labour, a significant consideration. I suggest, although I may be mistaken, that part of the reason the Ombudsman felt there was no requirement to revisit the Magdalen laundry scheme or anything like it was...

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

Donnchadh Ó Laoghaire: Mr. Martin has stated the Government's position was that residents of the industrial institutions would not be eligible because they were not residents of the Magdalen institutions. Given that the avenue of their claims was forced labour, on what basis was it discounted?

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

Donnchadh Ó Laoghaire: When Mr. Martin states it specifically excluded those who had been in the residential institutions and related specifically to those who had been in Magdalen institutions, what does being in a Magdalen institution specifically require? I want to clarify this aspect. Was it strictly required that they had to have been resident in all circumstances?

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

Donnchadh Ó Laoghaire: I am not talking about excluding because of being resident in other places.

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

Donnchadh Ó Laoghaire: Much of this comes back to what seems to be a discrepancy between the recommendation made in the Quirke report and what the Government accepted in September 2013, the report of the interdepartmental group on the implementation of the Quirke report. Mr. Justice Quirke considered the issue of double recovery and discounted it. According to Mr. Martin's statement, the interdepartmental group...

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

Donnchadh Ó Laoghaire: However, in principle, there was nothing in what Mr. Justice Quirke said that was opposed to the concept.

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

Donnchadh Ó Laoghaire: It still seems that there is a discrepancy; there is a difference between it and what was anticipated. Even if it was not addressed by Mr. Justice Quirke, it was clearly a Government decision and at least was interpreted in that way by the Department. On that basis, this is, according to the Department, a question of interpretation. When the case was taken initially, the Department was...

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

Donnchadh Ó Laoghaire: Surely at that stage somebody in the Department would have been responsible for evaluating the case that was to be taken against it and formulating some legal defence. Did it occur to anyone in the Department, whatever about the technical interpretation of the interdepartmental group's report, that morally and in terms of the intent of the Quirke report that it was not in line with what had...

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

Donnchadh Ó Laoghaire: I appreciate that. I am not saying it is possible for departmental officials to go off in a particular direction without a direction from the Minister. The point is that a discrepancy would have become apparent to departmental officials that could have been brought to the attention of the Minister. It would have been then have been a matter for the Minister to address it in whatever manner...

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

Donnchadh Ó Laoghaire: I do understand that but it is worth taking into account, whatever about the legal arguments, the motivation of the people who took the case and who made the complaints to the Ombudsman was not merely technical, it was on the basis of injustice to them. I think they were correct. I think the interpretation, whether it was the responsibility of civil servants or members of the Government,...

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

Donnchadh Ó Laoghaire: I have to leave for another event but I ask that the Ombudsman would address those points and I will read them in the Official Report.

Affordable Housing: Motion [Private Members] (30 Jan 2018)

Donnchadh Ó Laoghaire: Like, I am sure, every other Deputy, people come to see me every week who are caught in that situation where they do not qualify for local authority housing and mortgages are out of their reach. It is similar to what Deputy O'Reilly said. These are my peers to a large extent. I am 28 and I would say very few of my peers are anywhere near being in a position to buy a house. For those of...

Order of Business (30 Jan 2018)

Donnchadh Ó Laoghaire: Mar an gcéanna leis an Teachta O'Reilly, tréaslaím leis an Taoiseach as an méid a dúirt sé inné. My question relates to the independent review mechanism set up by Government to look into a number of Garda misconduct cases and other forms of Garda failures. In the cases reviewed, 315 cases were returned stating "no further action required". This was all...

Written Answers — Department of Finance: Rental Sector (30 Jan 2018)

Donnchadh Ó Laoghaire: 157. To ask the Minister for Finance if there are provisions in place for persons who previously have entered into a rent to buy scheme and who now want to purchase their home but the property is now with NAMA; and the protections in place to guarantee tenancy on the previous agreement or a new agreement. [4193/18]

Written Answers — Department of Justice and Equality: Commencement of Legislation (30 Jan 2018)

Donnchadh Ó Laoghaire: 316. To ask the Tánaiste and Minister for Justice and Equality the sections of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 that have yet to be commenced; and when he plans to commence them. [4449/18]

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