Written answers

Thursday, 20 November 2008

Department of Education and Science

Residential Institutions Redress Scheme

5:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 179: To ask the Minister for Education and Science if the Residential Institutions Redress Board will extend its remit to those who were abused in institutions up to 21 years of age in view of the recent High Court ruling; and if he will make a statement on the matter. [42016/08]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 180: To ask the Minister for Education and Science if he will allocate additional funds to the Residential Institutions Redress Board in view of the expected increased numbers of claims, due to the recent High Court ruling; and if he will make a statement on the matter. [42017/08]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 181: To ask the Minister for Education and Science if he has plans to renegotiate the deal whereby the State would pay the costs of the claims incurred by the Residential Institutions Redress Board in return for a once-off €128 million payment by the Church in view of the recent High Court ruling and the possibility of new claims; and if he will make a statement on the matter. [42018/08]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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I propose to take Questions Nos. 179 to 181, inclusive, together.

I refer to the recent High Court judgment given in the case of JD -v- The Residential Institutions Redress Review Committee, Ireland and the Attorney General. I wish to advise the Deputy that the content of the judgment, together with its implications, is currently being considered by my Department in conjunction with its legal advisors. Consequently, it would not be appropriate for me to comment any further at this time.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 182: To ask the Minister for Education and Science if the transfer of 64 church properties to the State, as agreed in the 2001 deal signed by the Government in return for meeting the costs of the Residential Institutions Redress Board, has been completed; and if he will make a statement on the matter. [42019/08]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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Under the terms of the Indemnity Agreement reached with the Religious Congregations on 5th June 2002, the Congregations agreed to make a contribution of €128 million towards the cost of the Redress Scheme. This sum was broken down as follows:

Property Transfers €76.86m;

Cash Contribution €41.14m;

Provision of Counselling Services €10m.

In actual terms, whilst the overall figure of €128 million has not altered, the form in which it has or is to be transferred to the State has altered somewhat in terms of the property and cash contributions. This is because the Indemnity Agreement allows for cash to be substituted for property. The composition of the €128 million has changed to the following:

Property Transfers €66m;

Cash Contribution €52m;

Provision of Counselling Services €10m.

I can confirm that the full cash contribution of €52m has been received, including that which was accepted in lieu of properties. My Department has also received confirmation that the contributing congregations have provided counselling services to the value of €10m.

As a result of the Indemnity Agreement, my Department agreed in principle with CORI that a total of 64 properties would be accepted, subject to good and marketable title and agreed valuations. Valuations of the individual properties were fully agreed and fixed at 2002 values.

Given the complex and time consuming nature of property transfers, it is difficult to state with any degree of certainly when the entire portfolio of property will be fully and finally transferred to the State. However, I am anxious to point out that whilst the legalities have not been finalised in all cases, with the exception of two, the properties are currently in use or are available for use by the transferee. Currently, properties to the value of €26.79m have been fully transferred and a further €7.475m worth of properties have been handed over where legal arrangements are almost finalised. This leaves a balance of properties valued at €31.735 where the legal transfer remains to be completed. However, in the vast majority of the properties, good and marketable title has been fully established or the properties have been physically transferred to and are in possession of the State or 3rd Parties but there are some legal formalities to be finalised. In a small number of cases, consideration may have to be given to accepting an alternative property or cash where good and marketable title cannot be established.

Every effort will continue to be made by officials of my Department, through the State's legal representatives, together with the representatives of the congregations and recipient bodies, to ensure that all outstanding matters are finalised.

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