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Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Meetings (16 Nov 2022)

Roderic O'Gorman: Since my appointment, I have visited County Clare on one occasion on the 12th and 13th April this year.  Date Organisation 12/04/2022 Clare Women’s Network, Ennis 12/04/2022 Obair, Newmarket on Fergus – Tradaree Hub 13/04/2022 North West Clare Family Resource Centre, Deerpark ...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: Amendment No. 1 seeks to include a section in the Bill providing for a report on the operation of the scheme. I am not in a position to accept that part of amendment No. 1 because section 42 already provides for a review of the operation of the scheme. The intention of section 42 is for two reviews to be conducted on the scheme. One is an interim review to be commenced two years after the...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: In respect of the request that we review subsections 13(1) and 13(2) and the timeline set out there, I have made the point - I know that Deputies may not agree with it and that is obviously legitimate - that this scheme and the institutional payment scheme are one part of the State's response to what happened in these institutions. We have the 22 actions set out in the action plan. They...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: I do not agree with the Deputy. The range of measures we are putting forward in the action plan constitute redress. The measures we are talking about in this legislation constitute a financial payment in terms of redress. However, with regard to accessing information and seeking to deal with the fundamental issues survivors have identified over the years, that is redress. It represents...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: -----by these institutions.

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: We made a decision regarding the format of the scheme early on to base it on time spent in an institution.

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: Because did not wish to go for an adversarial system that had been used in-----

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: -----schemes in Ireland and other countries. I will point to the fact that more adversarial schemes that relied on the provision of evidence of-----

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: The sort of schemes that relied on evidence being brought forward have been replaced. The stolen generation scheme in Australia originally used an evidence-based approach but moved to a time-based approach, talking about a common experience. We believe a time-based approach is the right way to go to recognise the impact on individuals of time spent in these institutions. That is the basis...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: I will speak to amendments Nos. 8, 9, 20 and 26 together. This Bill provides for the establishment of an office of the chief deciding officer of the mother and baby institution payment scheme within my Department. The office will be overseen by a chief deciding officer who will perform the functions set out in section 9. Importantly, this section states that the chief deciding officer will...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: I take this point on board. I do not think it necessarily requires a statutory basis. As the Deputy said, many State agencies have routes, such as dedicated email addresses, for Oireachtas members to ensure there are clear channels of communication. It is important because the Deputy stated not everybody can advocate for themselves. I go back to what we see as being the simplicity of this...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: I will ask that that broad point be reflected in the design of the systems that are being established. I take the Deputy's point.

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: I wish to flag that I intend to table an amendment to section 13(6) on Report Stage to take account of technical discussions between my officials and officials from the Department of Education. This subsection refers to the double recovery rule and the inclusion of one institution - St. Patrick's, Navan Road, Pelletstown - in that. We are looking to make a change.

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: There may be a need for clarification. Section 15(4)(b) is a positive provision and removing it would negatively impact on the Bill. As such, I am opposing the amendment. Section 15 provides for an applicant to make a further application to the scheme where another institution in which he or she resided is added to the list of institutions covered by the scheme in Schedule 1. There is a...

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: They are disregarded.

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: It will be in the regulations that are drafted by the Department of Social Protection.

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: That has always been clearly stated in the Government's decision. Nothing in this scheme will impact-----

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: Yes.

Select Committee on Children and Youth Affairs: Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (15 Nov 2022)

Roderic O'Gorman: I am not in a position to accept amendments Nos. 18 and 19 because the 28 days they specify for a claim to be processed in could become immediately unrealistic and unmanageable, recognising this is one of the largest schemes in the State, with 34,000 potential applicants. We will do everything we can to process applications as quickly as possible but we have to acknowledge the scale of the...

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