Martin Ferris (Kerry North, Sinn Fein)
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Question 648: To ask the Minister for Education and Science the reason a former orphanage (details supplied) in County Galway did not come under the remit of the redress board. [22348/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I wish to advise the Deputy that my Department did consider the inclusion of this institution on the Schedule to the Residential Institutions Redress Act, 2002. This particular institution, as with many others listed, did not operate under the jurisdiction of my Department and, consequently, it was necessary for officials at my Department to consult with other Government Departments to ascertain their eligibility for inclusion.

Section 4 (1) of the Residential institutions Redress Act, 2002, states that the Minister for Education & Science, may, by Order, provide for the insertion of any industrial school, reformatory, orphanage, children's home, special school which was established for the purpose of providing education services to children with a physical or intellectual disability or a hospital providing medical or psychiatric services to people with a physical or mental disability or illness in which children were placed and resident and in respect of which a public body had a regulatory or inspection function.

In relation to the orphanage referred to by the Deputy, my Department consulted with the Department of Health and Children to ascertain if it was eligible to be considered for inclusion on the Schedule. It appears that this institution actually operated as a Mother and Baby Home which was a privately operated facility. The institution did not satisfy the terms of the criteria referred to above and consequently, it was not considered to be eligible for inclusion. I should however point out that ineligibility to be considered for redress under the terms of the Residential Institutions Redress Act, 2002, does not affect a person's statutory right to pursue other legal avenues which may be open to them.