Sep 22, 2015 | Parliamentary Questions
Parliamentary Questions – 22 September 2015
Caranua > Parliamentary Questions > Parliamentary Questions – 22 September 2015
Below are questions asked by TDs in Dáil Éireann, relating to Caranua and other areas relevant to survivors
'Nominated Persons' and Caranua
Deputy Niall Collins asked the Minister for Education and Skills her views regarding the applications made by third parties on behalf of persons seeking to access the Caranua Scheme, where there is an accusation of fraud; the fraud prevention measures in place to ensure that the documents are signed by the actual persons seeking access to the Scheme; and if she will make a statement on the matter.
Minister for Education and Skills (Deputy Jan O'Sullivan): Caranua, the Residential Institutions Statutory Fund Board, is an independent statutory body established pursuant to the Residential Institutions Statutory Fund Act 2012 to oversee the use of the cash contributions of up to €110 million, pledged by the religious congregations, to support the needs of survivors of institutional child abuse.
Section 3 of the 2012 Act allows for a former resident to nominate a person to submit an application on his or her behalf. Applicants who wish to avail of this facility fill in and sign a 'Nominated Person' form and I understand that it is Caranua's practice to speak with the applicant directly before interacting with the 'Nominated Person'. Of the 3,423 applications received to-date by Caranua, 172 applicants (5%) are using a Nominated Person.
I am advised that Caranua is aware of the potential for fraud in relation to the Nominated Persons facility and other aspects of its application process, and that it has in place appropriate operating procedures in relation to the administration of applications.
If the Deputy is aware of suspected fraudulent activity, I would ask him to contact Caranua directly so that the organisation can investigate this matter and take appropriate action.
Eligibility to apply to Caranua
Deputy Clare Daly asked the Minister for Education and Skills her views on a matter (details supplied) regarding Caranua and an individual application to the Residential Institutions Redress Board.
Deputy Clare Daly asked the Minister for Education and Skills her views on a matter (details supplied) regarding the impact of the cessation of benefits to the family of a survivor of institutional abuse.
Deputy Clare Daly asked the Minister for Education and Skills if the Residential Institutions Statutory Fund Act 2012 was designed to limit, on purely administrative grounds, the number of people eligible to access essential resources, reducing costs and that section 3 of the Act which defines the term former resident as somebody who availed of a particular Government scheme, not as a person actually resident in a particular institution, is in need of urgent amendment; and her plans in this regard.
Deputy Clare Daly asked the Minister for Education and Skills her plans to acknowledge and compensate the many survivors of child abuse who are continuing to suffer in part as a result of their inability to access the Caranua scheme.
Deputy Clare Daly asked the Minister for Education and Skills her plans to review the Caranua fund, with particular reference to extending the scheme to cover the children of survivors for the benefit of the survivor; and if she will make a statement on the matter.
Minister for Education and Skills (Deputy Jan O'Sullivan): I propose to take Questions Nos. 1254 to 256, inclusive, 1268 and 1312 together.
Eligibility for assistance from Caranua (the Residential Institutions Statutory Fund) is confined to those who received awards from the Residential Institutions Redress Board or equivalent Court awards or settlements. Relatives of survivors of abuse are not eligible to receive support from Caranua. This approach was taken having regard to the maximum funds available of €110 million and a potential pool of some 15,000 applicants. I am satisfied that that approach was the correct one. This approach differs from that which applied in the case of the now dissolved Education Finance Board which was financed by the €12.7 million contribution provided by the religious congregations under the 2002 Indemnity Agreement specifically earmarked for educational support for former residents and their families.
As I explained to the Deputy in replies to previous Parliamentary Questions replies I intend to consider the question of a review of the arrangements relating to eligibility later this year by which time a clearer picture should have emerged regarding the uptake of the funding available.
The Residential Institutions Redress Board was established pursuant to the Residential Institutions Redress Act, 2002 to provide fair and reasonable financial awards to victims of institutional childhood abuse. The closing date for receipt of applications was 15th December 2005. The Board could however accept late applications in exceptional circumstances, up until September 2011. The Board is currently finalising the remaining applications it received and will be dissolved shortly thereafter. I do not propose to establish any further redress scheme for persons who may have suffered institutional abuse as children.
Former residents who are not eligible for assistance from Caranua may be entitled to avail of services provided by other statutory bodies. Survivors can, for example, avail of the National Counselling Service operated by the Health Service Executive which offers counselling and psychotherapy services to those who have experienced trauma and abuse in childhood with priority given to survivors of institutional abuse.
Deputy Clare Daly asked the Minister for Education and Skills further to Parliamentary Question No. 89 of 24 March 2014 and 268 of 15 April 2014, in which she stated that a facility (details supplied) was not an educational facility, the reason her Department paid for teaching staff at that location; and the reason this would not entitle people to redress under the Residential Institutions Statutory Fund.
Minister for Education and Skills (Deputy Jan O'Sullivan):Eligibility for assistance from the Residential Institutions Statutory Fund is limited to those people who received awards from the Residential Institutions Redress Board or equivalent Court awards or settlements. The Residential Institutions Redress Board was established pursuant to the provisions of the Residential Institutions Redress Act, 2002. The Schedule to that Act included 123 specified institutions and section 4 of the Act enabled the Minister for Education and Science to provide for the insertion into the Schedule of
"any industrial school, reformatory school, orphanage, children's home, special school which was established for the purpose of providing education services to children with a physical or intellectual disability or a hospital providing medical or psychiatric services to people with a physical or mental disability or mental illness in which children were placed and resident and in respect of which a public body had a regulatory or inspection function."
Two Orders specifying additional institutions were made in November 2004 and July 2005, bringing the total number of scheduled institutions to 139. Since then, no further institutions have been added to the Schedule. I understand that requests to include the facility referred to by the Deputy were considered by my Department and refused on the basis that it did not come within the terms of section 4.
The replies to the Parliamentary Questions referred to by the Deputy indicate that there were no records in my Department of any payments being issued to teaching staff at the facility.
Redress scheme for children who were in foster care
Deputy Finian McGrath asked the Minister for Education and Skills the position regarding persons who were in foster care, and the Redress Scheme (details supplied); and if she will make a statement on the matter.
Minister for Education and Skills (Deputy Jan O'Sullivan): The Residential Institutions Redress Board was established pursuant to the Residential Institutions Redress Act, 2002 to provide fair and reasonable financial awards to victims of institutional childhood abuse. The closing date for receipt of applications was 15th December 2005. The Board could, however, accept late applications in exceptional circumstances, up until September 2011. The Board is currently finalising the remaining applications it received and will be dissolved shortly thereafter.
While the inclusion of children abused in foster care was raised during the passage of the legislation setting up the Redress Board, foster care settings were not included within the scope of the Scheme. Following the publication of the Ryan Report in 2009, there were a range of demands for the Redress Scheme to be extended, including demands to include foster care settings. Having considered these demands, the Government announced on 15th April 2010 its decision not to revise the arrangements.
It is not proposed to establish any further redress scheme for persons who may have suffered institutional abuse or abuse while in foster care as children.