Written answers

Thursday, 20 November 2014

Department of Education and Skills

Residential Institutions Redress Scheme

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

124. To ask the Minister for Education and Skills her plans to review the requirement that a survivor of abuse in residential institutions must have gone through the redress board in order to access support from Caranua; and if she will make a statement on the matter. [44637/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

The Residential Institutions Statutory Fund Act 2012 provides that those former residents who received awards from the Residential Institutions Redress Board or equivalent Court awards or settlements are eligible to apply to Caranua. This approach was taken having regard to the maximum funds available of €110 million and a potential pool of some 15,000 applicants.

As the Deputy may be aware, a commitment was given during the passage of the 2012 Act to review the operation of the Fund two years after its establishment in the event of applications not resulting in a significant expenditure of the Fund. Following its establishment in March 2013, Caranua began to accept applications in January 2014. Accordingly it would be my intention to consider the question of a review of the operation of the Fund next year.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

125. To ask the Minister for Education and Skills when she expects the final report of the Residential Institutions Redress Board to be published; and if she will make a statement on the matter. [44638/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

The Residential Institutions Redress Board has completed almost all of the applications received and is finalising the remaining legal costs associated with applications. Apart from this, there are a number of applications on appeal to the Review Committee and there are a number of judicial reviews before the High and Supreme Courts. There is also the issue of the retention of the Board's records which requires separate legislation.

As the Deputy may be aware, the Residential Institutions Redress Act, 2002, provides for the Board, having completed the performance of its function, to be dissolved by Order, following a positive Motion of each House of the Oireachtas. I will be consulting with the Chairperson of the Board and the issue of a final report will be addressed in due course.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

126. To ask the Minister for Education and Skills her plans to change the residential institutions redress legislation in order that a survivor may nominate a person to benefit from entitlements under the redress scheme in the event of the death of the survivor; and if she will make a statement on the matter. [44639/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

Section 9 of the Residential Institutions Redress Act, 2002 addresses a range of scenarios where a survivor dies. It provides for applications to be brought by the spouse or children of survivors who would have qualified as applicants and who died after 11th May 1999. It also provides that where an applicant dies after making an application but before the Board has made a determination, the surviving spouse or children can proceed with the application. In these situations the Board must direct that the award is paid to the personal representative of the deceased survivor. The section was amended in 2005 to provide for situations where an applicant dies after the Board has made an award but prior to the applicant deciding whether to accept or reject the award. In this circumstance a surviving spouse or child can proceed with the matter or where there is no surviving spouse or child, the applicant is deemed to have accepted the award and the Board will direct that it is paid to the personal representative of the applicant.

I have no plans to amend these provisions. I would point out that at end October 2014 the Redress Board had finalised 16,616 of the 16.625 applications received, leaving 9 applications to be finalised

Comments

No comments

Log in or join to post a public comment.