Seanad debates

Tuesday, 23 May 2023

Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (Resumed)

 

12:30 pm

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

Senator Higgins during our previous session asked for clarification on the issue of the waiver, and I agreed to come back to her in writing on that. That clarification continues to be worked on. We will bring it to her. It is being given the consideration it deserves because it is an important issue. We will get that to her when it is ready, which will be soon, I believe.

As for the Senator's amendment No. 35, we do not have figures as to how many cases were previously settled. My officials do not know of any cases that were successfully settled by applicants against institutions. That is not to say they are not there, but we do not know what is there.

I always listen carefully to what she says on these issues.I do not believe that moving to an individualised approach is the best way forward. I believe the approach we are adopting here in terms of the experience, as Senator Higgins outlined, and based on time is the best way to deliver a scheme. Looking abroad, at the stolen generations reparations scheme that was run in Australia, for example, they originally had an individualised approach but the overall assessor suggested to the Australian Government that it switch track and move to a common experience payment because the experience was that focus on individual experiences was negatively impacting those who were coming before it.

I share the Senator's sense of frustration. When you look at the information that led to the declaring of ultra viresfrom the tribunal that was looking into this area, it is frustrating. It is important to recognise, as the Senator did, that these trials were not just happening in mother and baby and county home institutions. They were happening in other institutions and they were also happening outside in the community without the relevant elements of consent. That has to be recognised. What I and the Government are seeking with this particular legislation is to bring forward a simplified redress scheme that is easy to access, where individuals do not have to prove their particular injuries or impacts but can avail of redress, including payments and enhanced medical cards, in a way that is reasonably straightforward and removes the risk of litigation, the cost of litigation and much, although not all, of the trauma that litigation entails.

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