Róisín Shortall (Dublin North West, Labour)
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Question 1161: To ask the Minister for Education and Science the options open to a person (details supplied) in Dublin 11 who is not satisfied with the settlement awarded to them by the Residential Institutions Redress Board; if there is an appeals procedure this person can now pursue; if this person may alternatively pursue a further claim through the courts; and if she will make a statement on the matter. [25035/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Residential Institutions Redress Board is independent in the performance of its functions in accordance with the terms of the Residential Institutions Redress Act 2002 and my Department is not a party to the consideration of applications for financial redress.

The Act provides a mechanism for an applicant to apply for a settlement rather than to proceed to a full hearing. Settlements arise in cases where applicants voluntarily select that option on the application form for the processing of their application. No application goes to settlement without the agreement of both sides, nor is any pressure applied by the board to encourage such a course. A person must be legally professionally represented before entering settlement discussions, as the disparity in legal knowledge and negotiating skills at the settlement talks might render any settlement with such a person open to legal challenge.

An applicant may, within one month of receiving notice of an award by the redress board, accept or reject the award made by the redress board or submit the award for review by the review committee. Once an award has been accepted an applicant is required under section 13(6) of the Act to waive any right or action that he or she may have had against a public body or a person who has made a contribution to the special account in accordance with section 23 of the Act.

As the person referred to by the Deputy appears to have already accepted an award, it is not now open to him to refer the award to the review committee or to initiate a further claim through the courts. However, I suggest that he should consult his legal representatives to discuss the matter.