Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I feel I have set out the key elements for the reasoning behind the waiver. We are creating a scheme whereby proof of residence within one of these institutions equates with an award. The person applying to the scheme does not need to pay out legal fees, to bring forward proof, or undergo the trauma of having to provide evidence of the specific abuses they underwent in that institution. That is the design of the scheme we brought forward. The requirement of a waiver is only one that applies at the end when an offer is made. The individual is entitled to refuse the offer of the payment. However, they may still receive the medical card even if they decide to refuse the payment. The key element is that the waiver comes in at that period, recognising the comparative ease of an application under this process, versus the alternative. That means taking a civil action, which involves the various elements in terms of legal fees, the bringing forth of evidence and the chance all of that may not convince a judge that the civil standard has been reached. The applicant may lose the case. That is why the waiver is applied on foot of the easier process established here.