Mary Lou McDonald (Dublin Central, Sinn Fein)
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90. To ask the Tánaiste and Minister for Justice and Equality if his Department has issued payments from the ex-gratia Magdalene restorative justice scheme to the 19 women whose payments were being delayed by his Department on the basis that the Assisted Decision-Making (Capacity) Act 2015 provisions were not yet in place; if not, the date by which he plans to do so; and if he will make a statement on the matter. [3532/18]

Charles Flanagan (Laois, Fine Gael)
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There has been a delay in making payments to certain women where there are issues relating to capacity, which may render them vulnerable to financial exploitation. The terms of the scheme provide for lump sum payments ranging from €11,500 to €100,000, special access to healthcare, upgrading of pension entitlements to the full State pension for those who have reached retirement age and payment of a weekly sum of €100 inclusive of other State payments to others.

There are currently 17 cases as described in this question.  It was intended that the Decision Support Service (DSS) to be established under the Assisted Decision Making (Capacity) Act 2015 would be the most effective option in such cases, where there was no existing protective mechanism in place such as an enduring power of attorney or being a ward of court. However, new administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, a body under the Department of Health, must be put in place before the substantive provisions of the Act can be commenced.  A high-level Steering Group is overseeing the establishment of the DSS. 

Pending the establishment of the DSS, my officials have been encouraging the use of other options to allow payments to be made and they continue to examine what other options may be available. In this respect, 3 women are in the application process to be made Wards of Court.

By way of general information, to date 686 applicants to the Magdalen Restorative ex-gratia Scheme have received their ex-gratia payments at a cost of €25.7m. As you will be aware the Scheme remains open to new applicants.