Seanad debates

Tuesday, 24 February 2015

Redress for Women Resident in Certain Institutions Bill 2014: Second Stage

 

2:30 pm

Photo of Marie MoloneyMarie Moloney (Labour) | Oireachtas source

I also welcome the Minister of State to the House to discuss this very important Bill. The purpose of the Bill is to provide health services without charge to women who were resident in the Magdalen laundries and other similar institutions. We must take into consideration the age of some of the Magdalen women and the urgency attached to dealing with issues related to them. These women have been waiting a considerable amount of time. That is why urgent action was required and provided. GP services; prescribed drugs, medicines, aids and appliances; dental services; ophthalmic services; aural services; home support; home nursing; counselling services; and chiropody-podiatry and physiotherapy service will all be made free of charge to women involved.

These women are in a very difficult situation and some are extremely vulnerable. They have been taken advantage of in so many ways during their lives. With these benefits being made available to them, I hope their remaining years will be much better and that a better quality of life is ensured for them. However, we can go a step further and consider the proposals for the provision of alternative therapies. It is believed that such therapies, for example, acupuncture, hydrotherapy, aromatherapy and other alternative therapies, will greatly benefit the overall sense of well-being of these women and truly enhance their overall care. I was very disappointed to hear in the Minister of State's speech that the Minister for Health has reservations, but I am glad to hear that the Minister for Justice and Equality is considering options for the provision of such services outside of legislation. I hope that will be forthcoming as quickly as possible.

As the Minister of State will appreciate, many of the women who were resident or incarcerated in the Magdalen laundries have had their confidence knocked out of them over the years. Many of them have become meek, mild and totally unable to stand up for themselves, which is why organisations such as the Justice for Magdalenes Research, the National Women's Council of Ireland, the Irish Council for Civil Liberties and Amnesty International Ireland have taken up their cause and are fighting for justice and redress for these women, who have been so disempowered by the system.

The HAA card is very specific to hepatitis C sufferers, but I ask the Minister to consider extending the same card to the Magdalen women, as it has been shown to work. Surely what happened to the Magdalen women at the hands of the State is no less a crime than what happened to hepatitis C sufferers, so why not give these women the HAA cards? A rebranding of the card entitlement is an easy and relatively painless resolution to historically recognise the women. This may sound like a minor issue, but this resolution may foster a great deal of goodwill and recognition of the women who suffered so dreadfully in the Magdalen laundries. There is a valid fear that it will not be enacted fully unless written into legislation.

As the Minister of State has already said, the primary support being provided by the Government is a scheme of ex gratiapayments to women who were in these institutions. Under the scheme, the women are eligible for a payment of between €11,500 and €100,000, depending on the length of stay. To date, the Department of Justice and Equality has made decisions on 86% of applications. A total of €18 million has so far been paid out. The Quirke report also recommended that the ex gratiapayments should include top-up pension payments of up to €100 under the age of 66 and up to €230.30 from age 66. I commend the Minister for Social Protection for acting quickly and putting these payments in place. The focus is now firmly on the health needs of these women. Some of the services provided will be accessible through referral by a doctor or nurse.There is no means test in accessing these services which will be provided without charge for relevant participants in the ex gratiascheme. The HSE will deal with women residing overseas as appropriate to the specific circumstances of the individual concerned and the health system in her country of residence. A specific contact person in the HSE will be identified for the purpose of liaising with participants overseas. This dedicated point of contact will provide clarity on the participant's entitlements in line with what is available in her country of residence.

I take the opportunity to raise the issue of women who lack the capacity to act on their own behalf. Justice for Magdalenes and the other organisations are anxiously awaiting enactment of the Assisted Decision-Making (Capacity) Bill 2013, as time is not on the side of many of the women concerned owing to their age or ill-health. We should allow a personal advocate for them to process their applications under the restorative justice scheme. Such a representative would ensure redress for the most vulnerable Magdalen women. The Minister of State, Deputy Aodhán Ó Riordáin, stated the women concerned were already covered by section 21 of the Nursing Homes Support Scheme Act 2009, which deals with the appointment of care representatives. If that is the case, why not include a similar provision in the Bill before us to offer the women concerned a little security? What about those women who are not in nursing homes? Who will be appointed to advocate on their behalf? I ask the Minister of State to consider these questions before Committee Stage.

I acknowledge the commitment shown to the Magdalen women. More was done in recent years than ever before in the history of this State. I am delighted that we are at last bringing forward this redress legislation and acknowledge the progress made thus far. Some 7% of the more than 10,000 women who stayed in these institutions during the years were referred by the State. All of this happened since the foundation of the State in 1922. Clearly, the State has a responsibility to these women. Some were referred from other sources on an informal basis and without proper justification. Often the way their problems were dealt with was on the basis of "out of sight, out of mind". That does not mean, however, that we are absolved of responsibility for providing for thorough redress and this legislation seeks to meet that responsibility in a comprehensive manner.

The Magdalen women have a legacy that must never be repeated. Regardless of how much we dislike what happened, it is now part of our history and we must learn from it. I hope the Bill will allay the fears and concerns of the representatives of the women concerned and cater for their needs. The Government has acknowledged the wrong inflicted on them and they deserve all the help they can get. I wish them, whether they live in Ireland or abroad, the very best in the future. I hope they will have the peace, security and stability denied to them during the horrific years they spent in Magdalen laundries and similar institutions. In an era when we strive for equality for women across all nations, it is only fair that we start at home with our own.

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