Magdalen Laundries Report

Deputy Jim O’Callaghan asked the Minister for Justice and Equality the status of the measures being taken on foot of the recommendations of the State Ombudsman’s report on the Magdalen restorative justice scheme; and if he will make a statement on the matter.

Deputy Jim O’Callaghan: The Minister is aware that it is five months since the Ombudsman published his report on the Magdalen restorative scheme introduced by the previous Government to deal with the great disservice done to Irish women who served in Magdalen laundries. Several recommendations contained in the Ombudsman’s report have not yet been complied with by the Minister and his Department. What is being done in respect of those recommendations and when will those outstanding be implemented?

Minister for Justice and Equality (Deputy Charles Flanagan): I am fully committed to honouring the commitments of the previous Government, of which I was a member, in respect of the Magdalen redress scheme.  As the House is aware, a total of €25.9 million in lump sums has been paid to 691 applicants under the Magdalen laundries restorative justice scheme.  In addition, qualifying applicants receive additional benefits under the scheme, including an enhanced medical card from the HSE and top-up pension payments from the Department of Employment Affairs and Social Protection.

Last November, the Ombudsman published a report which was critical in certain respects of the administration of the scheme by my Department.  The Ombudsman made four recommendations, namely, that women who worked in the laundries but were resident in adjoining industrial schools or training centres should be considered under the scheme; cases under the scheme where there has been a dispute over length of stay in an institution should be reviewed; assistance should be given to women who lack capacity to accept compensation; and central guidance should be developed in respect of any future restorative justice or redress schemes. The recommendation to consider residents of adjoining institutions raises some issues which will be addressed by an interdepartmental group as part of the process of implementation and I will be consulting with the Ombudsman as I take this process forward.

Last week, the Taoiseach and I, together with our officials, met the Ombudsman to discuss the recommendations in his report.  The meeting was positive and constructive. Today I brought a memorandum to Government to update my Cabinet colleagues on the recommendations and the steps I am taking to implement them as quickly as possible, including a review of cases where there has been a dispute over length of stay and the provision of assistance to applicants who lack capacity.  There will also be a focused and time-limited assessment of the modalities involved in applying the scheme to residents of adjoining institutions and of any related issues.  I intend to return to the Government with final proposals on implementation. I will be working with the Ombudsman on the implementation of each of his recommendations and will be very happy to keep the Deputy and the House updated on progress on these issues.

Deputy Jim O’Callaghan: I welcome that the Minister met the Ombudsman last week. However, it is important that we recall that the report of the Ombudsman was produced and published five months ago. When he produced his report, he provided in it evidence of significant maladministration within the Department in terms of the operation of the scheme. The Ombudsman came to that conclusion having conducted an investigation after 27 women complained about the fact that they had been denied redress. He considered their complaints and those of others.

It is important to note that there are several issues currently outstanding with which the Minister must deal. Firstly, the Department has not yet complied with the recommendation of the Ombudsman that women who worked in Magdalen laundries as children but were registered on the rolls of other children’s institutions should be allowed into the scheme. That matter must be dealt with. Secondly, the Minister raised the issue of the women who are deemed to lack the capacity to administer their financial affairs. Those women need assistance from the State and an advocacy service to act on their behalf. Thirdly, we must recognise that the Minister’s Department has not yet complied with the recommendation to bring in an independent reviewer to reassess the applications of women given payments which reflect less than the time they stated they had spent in the laundries.

Deputy Charles Flanagan: I am very keen that this issue be dealt with. The principal recommendation is that my Department should, with a view towards admitting them to the scheme, fully reconsider the applications of women who worked in one of the listed laundries but were officially recorded as having been admitted to a training centre or industrial school located in, attached to or on the grounds of one of the laundries. Deputy O’Callaghan will accept that that raises a series of issues as to the scope, purpose and administration of the scheme and in terms of how we might best move matters forward. The Ombudsman’s recommendation refers to applications already received relating to a training or an industrial school located in the same grounds as one of the 12 named institutions. However, it could not be restricted to existing applicants and would, therefore, at a minimum, extend the scheme to other institutions.

Deputy Jim O’Callaghan: We must recall that we are dealing with a limited number of vulnerable women in this situation. The State owes them an obligation. The scheme brought forward by the previous Government should be applied in a generous way. It is regrettable that that has not been done to date. I hope that the Minister’s recommendations will ensure a more generous application of the scheme for the women concerned.

I wish to thank the Minister for the fact that he is now facilitating the women meeting. I understand that invitations to an event launched by the Lord Mayor are being sent out by the Department of Justice and Equality and I commend the Minister in that regard. However, we must fully recognise that many of these women need further support from the State and the community. The Minister must consider the fact that many have not received the full health and community care package recommended by Mr. Justice Quirke. Many of them have been very significant impacted as a result of being denied that care. I ask the Minister to bring an urgency to the matter. It is regrettable that such urgency has been lacking to date.

Deputy Charles Flanagan: There are two issues on which I am keen to reassure the House of progress. The first relates to benefits under the jurisdiction of the HSE in respect of health and medical care, while the second relates to benefits within the remit of the Department of Employment Affairs and Social Protection in respect of pensions. It is important that we ensure such issues will be dealt with.

I thank the Deputy for his comments on the conference for Magdalen women which is scheduled for June this year. It will be an excellent opportunity for those women who wish and are able to attend to meet others and participate fully in the events which will form part of what is an interesting conference programme. I recently met the group that is closely involved in organising the event. I have committed to providing funding towards the cost, while officials of my Department are working closely with the women involved in order to ensure it will be a memorable and positive event.

Magdalen Laundries Report

Written Parliamentary Question

Deputy Jim O’Callaghan asked the Minister for Justice and Equality the status of the measures being taken on foot of the recommendations of the State Ombudsman’s report on the Magdalen restorative justice scheme; and if he will make a statement on the matter.

Minister for Justice and Equality (Deputy Charles Flanagan): Last week the Taoiseach and I, together with our officials, met the Ombudsman to discuss my proposals to implement the recommendations in his report.  The meeting was positive and constructive, and today I briefed my Cabinet colleagues on these recommendations and the steps I am taking to implement them as quickly as possible.  This will involve a review of cases where there has been a dispute over length of stay, and assistance to applicants who lack capacity.  It will also include a focused and time-limited assessment of the modalities involved in applying the scheme to residents of adjoining institutions, and of any related issues.  I will then return to Government with final proposals on implementation.

I look forward to working with the Ombudsman on the implementation of his recommendations, and I will be very happy to keep the House updated on progress on these issues.

By way of further information, a total of €25.9m in lump sums has been paid to 691 applicants under the Magdalen Laundries Restorative Justice Scheme.  In addition, qualifying applicants receive additional benefits under the scheme. These include an enhanced medical card from the HSE and ‘top up’ pension payments from the Department of Employment Affairs and Social Protection.

Question No. 85 answered with Question No. 72.