Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can advise the Deputy that women who were in the Magdalen Laundries are already covered under section 21 of the Nursing Home Support Scheme Act 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.

The Assisted Decision Making (Capacity) Bill 2014, which is awaiting Committee stage in the Dáil, will provide important new options for those women who have capacity issues. This Bill provides for a range of options including decision making assistants, co-decision makers, decision making representatives and the public guardian which are well suited to look after the best interests of the women who were in Magdalen Laundries and have capacity issues.

My Department is looking at options with regard to the provision of advocacy and my officials are currently in discussion with the Citizens Information Board and will have further discussions with the Department of Social Protection on this issue. The advocacy services provided by the National Advocacy Service of the Citizens Information Board is provided for in the Citizen's Information Act 2007.

It is important to note that a personal advocate has very limited powers with regard to a person who lacks capacity. A personal advocate does not have power of attorney, to make decision or otherwise to manage the affairs of the person. That is why the provisions of Assisted Decision Making (Capacity) Bill 2014 will be so important.

My officials are careful to ensure that applicants do have the necessary capacity to understand the scheme and sign the relevant legal documentation and they cross check with other Departments to establish if there are any issues. A medical assessment is sought if there is any indication that an applicant under our scheme has capacity issues. We have identified about 40 such women to date and are delaying payment until proper safeguards are in place.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Government is committed to implementing all of all of Judge Quirke's recommendations.

Judge Quirke recommended the establishment of a dedicated unit which would assist women getting their entitlements and advocating on their behalf. As the Deputy will be aware a Dedicated Unit was set up in my Department to process applications and to make lump sum payments. Officials in the Dedicated Unit also provide assistance and advice to the applicants on any aspect of the Scheme in a helpful and sensitive manner.

Priority has been given to processing applications, providing cash payments and other benefits to the women. To date, a decision has been made on 87% of the applications received and 506 women have been paid their lump sums at a cost of over €18.5m.

The women are also receiving top up pension type payments which are being paid by the Department of Social Protection. That Department also appointed dedicated contact people to whom the women can discuss their entitlement with in confidence.

With the cooperation of the Seanad I expect the Redress for Women who were in Certain Institutions Bill 2014 to be passed shortly which will provide the women with free access to medical services. There will also be a contact person in the HSE to whom the women can discuss their entitlements with.

My officials will be looking at how to develop the recommendation regarding the establishment of a dedicated unit and the provision of advocacy services now that the dedicated unit in my Department has almost completed its primary task of processing applications and paying out cash benefits.