Seanad debates
Wednesday, 8 October 2003
Commission to Inquire into Child Abuse: Statements (Resumed).
The heart of the issue does not rest with the €128 million total liability, it is the terms of the indemnity that matter. The former Attorney General was probably the most political Attorney General in the history of this State. He had views on national stadia, Europe and everything else so the notion that he was a shrinking violet does not wash with me. He believed, in regard to the terms of the indemnity, that it should apply only to those who came before the redress board and that the State should not indemnify itself against every member of the congregation who would come before the courts. The ultimate deal negotiated, which leaves the State with maximum exposure in the courts, is a carte blanche whereby everyone whether or not they go before the redress board is held liable and the State must pick up the cost involved. There will be other cases, of which there can be no doubt. It appears the Government got it wrong when negotiating the terms of the indemnity deal. Whether the Minister for Justice, Equality and Law Reform is seeking an escape clause now or whether this was flagged at the time is a matter on which I presume the Committee of Public Accounts will have to make a determination. His view was sidelined on the matter on the basis of the evidence presented to date and proper appreciation of the issues concerning total indemnity and its terms of reference were not taken into consideration.
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