Clare Daly (Dublin Fingal, Independent)
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195. To ask the Tánaiste and Minister for Justice and Equality his plans to implement the redress measures recommend by Mr. Justice Quirke, including back-dated pensions, access to a HAA standard card, access to the scheme for women who are deemed to lack capacity and funding for memorialisation in view of the appearance of the ombudsman at the Oireachtas justice committee to discuss his report Opportunity Lost. [11073/18]

Charles Flanagan (Laois, Fine Gael)
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The Government decision in relation to the terms of the Magdalen ex-gratia Scheme provides that it commences with effect from 1 August, 2013. 

By way of general information, to date 687 women have received lump sum payments under the Scheme which provides for lump sum payments varying from €11,500 to €100,000 depending on the length of stay in the institution concerned.  €25.7m has been allocated under the Scheme to date.  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 State Pension.  A further €258,000 in legal costs has been paid out under the Scheme.

In relation to medical services, Judge Quirke recommended that the women should receive medical services equivalent to those provided by the holder of a HAA card. He also advised that not all of the services described in the Guide for women infected with Hepatitis C may be directly relevant to the Magdalen women.

Accordingly, the women are provided with an enhanced medical card (RWRCI card) which allows them access to a range of medical services and to primary and community health services.  These services are free of charge and include GP services, prescribed drugs, medicines, aids and appliances, dental, ophthalmic and aural services, home support, home nursing, counselling services, chiropody, podiatry and physiotherapy.  This is the same range of services as provided to HAA cardholders, the exception being medicines and treatments specific to Hepatitis C sufferers which clearly  would not need to apply to Magdalen women. Provision for medical support for women residing abroad has also been made by way of administrative arrangements.

It might be noted that there is no means assessment for any of the above services provided to these women. In addition, they are exempt from charges for acute in-patient services and out-patient services. 

In relation to capacity, 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. Pending the commencement of the Assisted Decision Making (Capacity) Act, 2015 and the establishment of the Decision Support Service, 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.

Overall, 45 applicants were identified as not having the necessary capacity to sign legal documents.  That number has now reduced to 15, mostly through capacity re-assessment or being made Wards of Court.  Unfortunately 7 persons have died, and in all cases awards were made to their estate.  Of the remaining 15 cases, 3 are in the application process to be made Wards of Court.

 I have considered the report of the Ombudsman and I intend to meet with him in the coming weeks. 

 In relation to the memorial, in December 2017 Dublin City Council (DCC) announced that it will carry out a significant commercial redevelopment of the Sean McDermott Street site and confirmed that there will be a Magdalen Memorial at the site.  I wish to provide support and assistance for this project and Officials from my Department have met with DCC officials in this regard.  I am also aware of a proposed conference later this year and I have offered my support for this initiative to the Justice for Magdalenes Research Group.