Written answers

Tuesday, 21 April 2015

Department of Education and Skills

Residential Institutions Redress Scheme

Photo of Clare DalyClare Daly (Dublin North, United Left)
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601. To ask the Minister for Education and Skills the adequacy of responsibility for management of applications to Caranua being solely a matter for Caranua, a process in which her Department has no role, meaning that persons who have suffered outrageously, due to State failures of oversight in the past, must now advocate on their own behalf with yet another State agency, Caranua, without support from any agency outside of the one they may be experiencing delays or refusals from; her plans to address this; and if she will make a statement on the matter. [15699/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Caranua is an independent statutory body established under the Residential Institutions Statutory Fund Act 2012. The chief executive is accountable to the Board for the efficient and effective management of Caranua. While I have no statutory role in relation to Caranua's applications procedures, my officials and I are in regular contact with the Chair and the chief executive to discuss matters relating to the performance of the organisation. As the Deputy may be aware, the Board has commissioned an external review of its structures, processes and systems.

Caranua has recently published its Customer Service Charter in February which sets out target processing times for the various stages of its application process. Caranua is amenable to scrutiny by the Oireachtas, including its committees. Caranua's administrative actions are subject to review by the Ombudsman and its decisions can be appealed to the independent appeals officer appointed under the 2012 Act.

Photo of Clare DalyClare Daly (Dublin North, United Left)
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602. To ask the Minister for Education and Skills if she will provide a date for review of the Residential Institutions Statutory Fund or a date upon which she might consider the question of a review of the operation of the fund; and whether she plans to leave survivors of institutional abuse in limbo once again, uncertain as to whether their partners or children, whose needs are often a huge source of stress to the abuse victim, may be able to access assistance from the Caranua fund. [15700/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I intend to consider the question of a review of the arrangements relating to eligibility for assistance from Caranua, the Residential Institutions Statutory Fund, later this year by which time a clearer picture should have emerged regarding the uptake of the funding available.

Photo of Clare DalyClare Daly (Dublin North, United Left)
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603. To ask the Minister for Education and Skills to set out her views on concerns that a State agency, applying an element of discretion in deciding on cases of extreme hardship for persons who were outrageously abused under the State's watch, and her Department not performing either regular or ongoing audits or having oversight of this application of discretion has the effect of inflicting unnecessary and further hardship on persons who have already suffered enough, and who, rightly, may be deeply suspicious of the State, its agencies and their secretive decision-making processes, due to the State's failures of oversight in the past. [15701/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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It is a matter for the Board of Caranua to determine its criteria for making decisions in accordance with the provisions of the Residential Institutions Statutory Fund Act 2012 Act and I have no role in that process. Any former resident who is dissatisfied with a decision made by Caranua on their application can appeal that decision to the independent appeals officer in accordance with section 22 of the 2012 Act. I expect to receive Caranua's annual report for 2014 shortly and I understand that this Report will address the use of the exceptional circumstances criteria. This report will then be laid before each House of the Oireachtas in accordance with the provisions of the 2012 Act.

Photo of Clare DalyClare Daly (Dublin North, United Left)
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604. To ask the Minister for Education and Skills if she is satisfied that it is appropriate in the case of the rejection of an application for funds from Caranua that the only recourse for a person who may have suffered horrendous abuse in a residential institution is to an appeals officer, whose decisions are entirely opaque since the appeals officer is not subject to oversight by the Ombudsman, or the expensive and adversarial route of a High Court appeal, a route described by her predecessor as long and often traumatic; and if this will form part of her promised review. [15703/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Decisions of Caranua may be appealed to the independent Appeals Officer appointed under section 21 of the Residential Institutions Statutory Fund Act, 2012. A person who is affected by the Appeals Officer's decision may appeal to the High Court on a point of law. The Appeals Officer has determined 45 decisions to date and I expect to receive his first report in relation to the performance of his functions shortly. This report will then be laid before each House of the Oireachtas in accordance with the provisions of the 2012 Act. Caranua comes within the scope of the Ombudsman Acts 1980 to 2012 and its administrative actions are subject to review by the Ombudsman. I have no plans to include these arrangements within the review of eligibility which I propose to consider later this year.

Comments

robert Survivor
Posted on 4 Sep 2015 6:25 am (Report this comment)

Dear Minister of Education why are yyou SIMPLY using the 2012 Redress act against those this very act is supposed to protect?

We Survivors who Stand Together are the ONLY REAL self supporting Group as it is free from all funding so we have our own voice and not being controlled by your department so you can refer to claims we survivors do not agree to.

The original funds Education Family tracing and Counselling covered RELATIVES as you know BUT as you also KNOW only too well these funds did NOT cover children as DEPENDANTS as you know this as so did your predecessor.
WHY? only to your Department's Disgrace and as you now have the oppertunity to address this matter you actually USE this REDRESS ACT of 2012 AGAINST US SURVIVORS who have YOUNG CHILDREN who are dependants of us as Parents and you also KNOW this as I have written to your office and again to your disgrace you and your department refuse to answer any Emails I have sent regarding this matter and these Emails go back as far as 2011 when the original funds were available to Survivors but a snigger from your secretary under Minister Quinn saying ah well your child is too young.But never mind she can claim from the new Statutory fund about to open. I only found this to be false statement.

we cannot believe that you would use the Redress act of 2012 to save all but a few euros that would help the very limited amount of children here who your office have turned away from as Education Minister so if you are NOT to be trusted and use such an act against young Children that urgently need the same support and funding as those who were entitled in the previous funds then you have to RESIGN because if you cannot be trusted with a few young Children then you certainly cannot be trusted to this office for the majority of this Country's children as on this Ryan Report your office via your predecessor Minister Quinn spoke of in public on this Report that you can help our children their children and their children's children, but here you are using this redress act of 2012 AGAINST YOUNG CHILDREN a complete disgrace of you Minister so in REALITY you saved your office a fortune as you pay over 90, 000 euro to your staff of the Caranua which we survivors as you call us own this compensation so we are paying from our compensation for the damages your office the Health Department and the justice Department failed Ireland's children and we are paying on the false accusations from your office that this money if given directly we would spend this money on addictions but then why pay REDRESS in the first place?
You KNOW what was really needed and that was Welfare and Health support but those Ministers have ducked away from their duties also as Survivors are suffering greatly to no fault of their own as they can only make decisions on how they have and are being treated so it seems we are all TRYING to SURVIVE your WRATH rather than your support. So much for using this REDRESS ACT of 2012 to save what is virtually a very very small price to the damage done to our families then and now.

Minister you owe us who are trying to survive proper respect and support you owe our children the same funding as you funded older relatives so using your own Redress agreement act 2012 is PUNISHING young Children and totally unfair to them whos Parents cannot afford their development and skills books school practices that have costs such as also outings clubs and after lessons where survivors children just like ORPAHNS have to WATCH those who have FAMILY supporters. So our children are even worse off as they are ORPHANED now to ORPHANED families I think you and all who read this and the sufferings will only fully understand what it is I am saying as basically speaking you have showed nothing but heartless decisions on the damage caused toward the future of our children.

We need those same Education funds for our DEPENDANTS that other family members benefited from so as you can see your decision on using this 2012 act is wrong very wrong as the only ones you punish are the poorest of the poor who are trying to survive the abuse of their own childhoods.

Our CHILDREN NEED YOUR FUNDS and RESPECT your OFFICE HAS TO DATE NOT SUPPORTED THE CHILDREN but you sure do PUNISH CHILDREN by referring to your 2012 act claiming they are RELATIVES NO Minister they are DEPENDANTS of both PArents and STATE who Destroyed their Families limiting their futures as you use your act of 2012.

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