Catherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

43. To ask the Minister for Justice and Equality if acceptance of the offer under the restorative justice scheme requires the person (details supplied) to acknowledge that the circumstances of the time in an institution is correct, when the person knows that not to be the case, for the purposes of accepting the award; and if she will make a statement on the matter. [15301/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I can advise the Deputy that the processing of all applications to the Magdalene Laundries Restorative Justice Ex Gratia Scheme starts off on the premise that the testimony of the applicant is correct and the officers processing the application then seek to verify the application by checking appropriate records. If there are records and they are consistent with the application, then an offer is made.

If there is a discrepancy, or in cases where the religious congregations have an incomplete or no record for an applicant, my officials must carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the application. The records of the religious congregations are not regarded as decisive; they are just one factor that is taken into consideration.

In some instances applicants will have a very clear recollection and records will be found to confirm their recollection. In other instances applicants may have difficulty in recollecting details and may be mistaken about the institutions they were in and also about the period of time that they spent there. This is not surprising since the Scheme concerns events that may go back 50, 60 and 70 years.

Each application is assessed on an individual basis taking into account any available records, documents and statements including the applicant's testimony. If the applicant disagrees with the assessment she can, in the first instance, seek a review of her cases by a senior officer. If the applicant disagrees with the Reviewer's decision she can request an independent review of her case by the Ombudsman's Office.

The applicant in question availed of both the internal review process and the independent review by the Ombudsman's Office and the decision of the Restorative Justice implementation Team was upheld in each case. In accepting an offer the applicant agrees to participate in the scheme and also signs a statutory declaration waiving any right of action against the State or any public or statutory body or agency arising out of the circumstances of her application. I can advise the Deputy that if this applicant has accepted the offer and if evidence is found at a later stage that she was in the relevant institutions for a longer period of time her case would be reviewed.

I am aware that this applicant is in touch with my officials in the Restorative Justice Implementation Unit and they will continue to assist her in a sensitive and confidential manner.