Gerald Nash (Louth, Labour)
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2686. To ask the Minister for Health the quantum amount contained in the indemnity fund set aside as a condition of the transfer of the ownership of Our Lady of Lourdes Hospital, Drogheda from an order (details supplied) to the then NEHB in the 1990s; if the independent review of the fund has been completed; if so, if she will provide this Deputy and a group with either a copy of the review or the details of the outcome of the review; if she will ensure that no monies shall be drawn down from the fund by the order concerned at least until such time as a definitive decision has been made by Government on a commission of investigation as requested by victims and survivors of abuse at the hands of Michael Shine; and if she will make a statement on the matter. [41435/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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As the Deputy is aware, the North-Eastern Health Board purchased Our Lady of Lourdes Hospital in 1997. The Medical Missionaries of Mary (the MMM) signed a Deed of Indemnity and Charge dated 15 April 1997 with the Minister for Health and the North-Eastern Health Board, pursuant to which it agreed to indemnify the State against claims “arising out of or in connection with” potential liability in respect of possible claims of alleged abuse.

The Fund was created by the lodgement of the sum of IR£1,600,000, by the Congregation, into an investment fund managed by a third party.

The Deed makes it clear that the fund shall not be used for the purpose of discharging awards of damages and/or costs which are covered by the MMM’s insurers. Apart from the express purpose of the Fund described above, the Fund belongs to the Medical Missionaries of Mary (MMMs) and is held in trust on their behalf.

Within the deed, there are provisions which allow for the appointment of an independent expert to make a determination on a withdrawal from the Fund. Such an independent expert has been appointed and is in the process of making a determination.

Given that this process in on-going, I am not in a position to provide further details at this time. However, I have been assured that once a determination has been made, the outcome will be made known.