Eileen Flynn (Independent) | Oireachtas source

As the Minister knows from the Committee Stage debate with Senator Higgins, we proposed to delete the part of the Bill that would force survivors to give up their rights to take legal action against the State when they accepted a payment under the scheme. These amendments were ruled out of order. As a compromise, amendments Nos. 32 and 35 would insert paragraphs providing for the prevention of anything in the scheme from damaging applicants' rights to justice and legal recourse or their rights under the UN convention against torture. We hope these amendments will make the waiver provision ineffective. We believe the provisions in their current forms are an attempt to harm such rights.

In its response to my colleague, Senator Higgins, the Government claimed that the waiver provisions extend to all circumstances which occur in institutions. We want to be very clear. We do not believe this is true. It is very clear that the applicant will retain the right to take legal action in respect of other circumstances, in terms of time spent in these institutions, which are not recognised by the scheme. This would include forced separation, racial abuse or discrimination and being used for medical experiments.