Enda Kenny (Mayo, Fine Gael)
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Question 272: To ask the Minister for Education and Science the legal basis under which an institution (details supplied) has not been deemed eligible for inclusion under the terms of the Residential Institutions Redress Act 2002; and if she will make a statement on the matter. [21558/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Section 4 of the Residential Institutions Redress Act 2002 provides that in order for an institution to be considered for inclusion on the Schedule of the Residential Institutions Redress Act 2002, the facility must have been subject to inspection or regulation by a public body. A total of 128 institutions are listed on the original Schedule to the Act and, in November 2004, I signed an order for a further 13 institutions to be added to the Schedule.

Officials of my Department sought the advice of the Department of Health and Children concerning the institution referred to by the Deputy in order that records held at that Department and its agencies could be examined. My Department has received a response from the Department of Health and Children stating that no files have been located indicating a public body had any regulatory or inspection function concerning that institution. As a consequence, it is not possible to give further consideration to the placement of this facility on the Schedule.