Written answers

Tuesday, 9 December 2014

Department of Education and Skills

Residential Institutions

Photo of Clare DalyClare Daly (Dublin North, United Left)
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388. To ask the Minister for Education and Skills her plans to repeal Section 28 of the Residential Institutions Redress Act 2002 as survivors believe it curtails their right to justice; and if she will make a statement on the matter. [46921/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Section 28 of the Residential Institutions Redress Act, 2000 (as amended by section 34 of the Commission to Inquire into Child Abuse Amendment Act 2005) prohibits the disclosure of information provided to the Redress Board and Review Committee other than in specified circumstances.

It also prohibits any person from publishing any information concerning an application or an award made under the Act that refers to any person (including an applicant), relevant person or institution by name or which could reasonably lead to the identification of any such other person, relevant person or institution.The legal advice available to my Department is that this provision does not prohibit applicants from recounting the stories of their childhood.

The section also provides that the Board and Review Committee, shall prior to the making of an Order for their dissolution, determine the disposal of the documents concerning applications made to them. The Government agreed in principle to legislative proposals being brought forward to allow for the retention of the records of the Commission to Inquire into Child Abuse, the Residential Institutions Redress Board and the Residential Institutions Review Committee. These proposals will include amendments to existing legislation where necessary. It is intended that the records will be retained in the National Archives and completely sealed for a period of at least 75 years. I expect to be in a position to report to Cabinet in this regard shortly.

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