Written answers

Thursday, 2 July 2009

Department of Education and Science

Residential Institutions Redress Scheme

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)
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Question 171: To ask the Minister for Education and Science the reason he continues to appeal a decision of the High Court, currently in proceedings before the Supreme Court, effectively striking down the original terms of the Redress Board on the basis that persons between the ages of 18 and 21 years could not seek redress, and in view of the publication of the Ryan Report and the need to address the concerns of all victims within the context of the religious institutions concerned; if he will withdraw his appeal; and if he will make a statement on the matter. [26842/09]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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As the Deputy may be aware the appeal in question has already been heard by the Supreme Court and judgement is awaited. Aside from the issues pertaining to the operation of the Redress Board, the High Court decision had much wider implications for the State. The Judgement in this case undermines the right of the Oireachtas to adopt age based criteria in its legislative classifications.

Consequently, the decision to appeal this matter to the Supreme Court was taken not only for its implications in terms of the Redress Scheme but also for its potential effect on the ability of the Oireachtas to conduct its business.

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