Catherine Connolly (Galway West, Independent)
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97. To ask the Minister for Justice and Equality the practices and procedures of the Magdalen redress scheme, in particular the criteria used for consideration and eligibility in the process; the status of the request for a centre (details supplied) to be included in the scheme; and if she will make a statement on the matter. [6301/17]

Catherine Connolly (Galway West, Independent)
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98. To ask the Minister for Justice and Equality the status of the investigation by the Ombudsman into the administration of the Magdalen redress scheme; and if she will make a statement on the matter. [6302/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 97 and 98 together.

The Ombudsman has recently notified my Department that he is undertaking an investigation into complaints regarding the administration of the Scheme by the Department of Justice and Equality. My officials' understanding is that it relates to the inclusion of an institution that is not one of the 12 covered by Scheme. The Deputy will appreciate that it would not be appropriate for me to comment at this stage as to do so might serve to prejudice the respective ongoing consideration processes.

The Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up following the publication of the report in February, 2013 of an Inter-Departmental Committee set up to establish the facts of the State's involvement with the Magdalen Laundries. It was chaired by then Senator Martin McAleese and it is commonly referred to as the McAleese report. The material in the Report relates to 10 different institutions which were run by 4 different Orders of nuns over a period of 70 years. Although there was no finding in the McAleese Report which indicated that the State had any liability in the matter, following the report’s publication the Taoiseach issued a State apology to the women. Mr. Justice Quirke was asked by the Government to make recommendations on an appropriate redress scheme for those who were in the 10 Magdalen laundries that were the subject of the McAleese Report. The Government also included in the scheme the laundry that was attached to Stanhope Street Training School and later also decided to include a 12th institution, the Training School in Summerhill.

The centre named in the details supplied with one of the questions above is An Grianán Training Centre. Although located on the same complex as the Magdalen Laundry in High Park, i.e. one of those 12 named institutions, An Grianán was a separate institution in its own right. Its function was to rehabilitate teenage girls and provide education to prepare them for reintegration into society. It thus served a different purpose to that of the traditional Magdalen institutions which dated back to the 19th century and which were open to women of all ages. An Grianán Training Centre, officially established in 1971, had a separate legal status as a certified place of detention and an approved residential children's home. An Grianán is among the 130 institutions listed in the Schedule to the Residential Institutions Redress Act, 2002 and was therefore covered by the Residential Institutions Redress Board Scheme operated by the Department of Education and Skills.

Aside from An Grianán's own separate legal status and its different function to that of a Magdalen laundry, it should be further noted that the terms of the Scheme specifically exclude institutions that are covered by the Residential Institutions Redress Board Scheme. This is to prevent a situation arising where an individual could receive compensation under two separate schemes for the same period of time spent in one institution.

I will take this opportunity to give some background to the operation of the Scheme. Each application is assessed on an individual basis taking into account any available records, documents and statements including the applicant's testimony. Processing of all applications under the Scheme operates 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.

To date, over €25 million has been paid out to 669 women under the Scheme. The Scheme remains open to new applications but it is important to note that decisions have been made on all of the 819 applications made to date. The difference between that figure and the 669 payments made is accounted for by refusals and for other reasons including probate cases, applicants still considering provisional offers, and the application of the Assisted Decision Making Act, 2015 in relation to those women who lack the necessary capacity.

The Scheme provides for lump sum payments varying from €11,500 to €100,000 depending on the length of stay in the institution concerned. Further, each woman is entitled to a top-up payment to bring her weekly income from the Irish State up to the equivalent of the Irish Contributory Pension in recognition of the fact that they were not paid for the work they did while in the laundries.

Moreover, the Redress for Women Resident in Certain Institutions Act 2015 provided for certain services to be made available by the Health Service Executive (HSE) to the women. The services, which are free of charge, include GP services, prescribed drugs, medicines, aids and appliances, dental, ophthalmic and aural services, home support, home nursing, counselling services, chiropody, podiatry and physiotherapy. The HSE has administrative arrangements in place for health and social services for women living outside Ireland.