Richard Bruton (Dublin North Central, Fine Gael)
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Question 646: To ask the Minister for Education and Science if placements supervised by the State of persons in foster homes have been covered by the investigation and redress process established for the investigation of child abuse in institutional care; his views on whether such abuse needs further assessment; and if he will make a statement on the matter. [22324/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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People who were in foster care as children were covered by the Commission to Inquire into Child Abuse Act, 2000 and had access to both the Investigative and Confidential Committees of the Commission. During the passage of the legislation governing the establishment of the Redress Scheme (Residential Institutions Redress Act, 2002) through both Houses, the issue of including children who were in foster care was discussed and it was decided not to extend the legislation, as children in foster care were not in a residential institution.

Having said that, however, under the terms of the Residential Institutions Redress Act, 2002, special provision is made relating to the "residence" requirement. One such provision states that abuse of a child "in an institution" includes any case in which the abuse took place, not in the institution itself, but while the child was residing or being cared for in the institution and the abuse was committed or aided by a person engaged in the management or supervision of the institution or a person otherwise employed in or associated with the institution. I understand that this covers persons who were officially resident in a scheduled institution but who may have been temporarily placed outside the institution during the period of their residency.

As I have pointed out previously, a person's ineligibility to be considered for an award under the terms of the Redress Scheme does not effect their statutory right to pursue any other legal avenues which may be open to them.