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Saturday, 27 August 2011

VICTIMS OF INSTITUTIONAL CHILD ABUSE THREATENED WITH PRISON IF THEY BREAK SECRET ACT

Last night I was having a discussion with some child abuse survivors and one survivor said that they had been awarded damages for the abuse they suffered, but they have been threatened with with fines and prison by their solicitors if they break the "Silence" Act. I was pretty upset to hear this, and asked that person to post NOT their personal testimony, but the legal document which had threatened them.This is a document that I was shown as a result of that conversation. I haven't had chance to read it thoroughly yet, but my first impression on scanning it was that this is a very intimidating document to give to a victim of institutional abuse, especially if that victim has had their education disrupted as a result of the abuse, as is often the case.

I want to find out if child abuse survivors outside of Ireland have been presented with a document like this one. I would be very interested if anyone who was abused at Haut de la Garenne has recieved something like this.

Number (BLANKED OUT TO PROTECT THE IDENTITY OF THE ABUSE SURVIVOR) of 2002
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RESIDENTIAL INSTITUTIONS REDRESS ACT, 2002
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ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Establishment day.
3. Establishment of Board.
4. Additional Institution.
5. Functions of Board.
6. Membership of Board.
7. Entitlement to award.
8. Period for making applications.
9. Deceased applicants.
10. Hearing of application.
11. Supplemental provisions to section 10.
12. Settlement of applications.
13. Award of Board.
14. Establishment of Review Committee.
15. Decision of Review Committee.
16. Assessment of Injuries Report.
17. Assessment of injuries regulations.
18. Privilege.
19. Admissibility of certain evidence.
20. Evidence on oath.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
2
Section
21. Advice on financial management of award.
22. Income and award.
23. Special account.
24. Indemnity and contribution.
25. Lodgement of money.
26. Report of Board.
27. Taxation of costs.
28. Prohibition on disclosure of information.
29. Staff.
30. Restriction of Data Protection Act, 1988.
31. Application of Freedom of Information Act, 1997 to certain
records.
32. Amendment of Act of 2000.
33. Regulations.
34. Penalties.
35. Criminal records.
36. Power to remove difficulties.
37. Laying of regulations.
38. Expenses.
39. Short title.
SCHEDULE
————————
Acts Referred to
Children Act, 1908 1908, c. 67
Civil Liability Act, 1961 1961, No. 41
Commission to Inquire into Child Abuse Act, 2000 2000, No. 7
Data Protection Act, 1988 1988, No. 25
Freedom of Information Act, 1997 1997, No. 13
Income Tax Acts
Local Government Act, 2001 2001, No. 37
Medical Practitioners Act, 1978 1978, No. 4
National Archives Act, 1986 1986, No. 11
Protections for Persons Reporting Child Abuse Act, 1998 1998, No. 49
Statutes of Limitations
Succession Act, 1965 1965, No. 27
Taxes Consolidation Act, 1997 1997, No. 30
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Number 13 of 2002
————————
RESIDENTIAL INSTITUTIONS REDRESS ACT, 2002
————————
AN ACT TO PROVIDE FOR THE MAKING OF FINANCIAL
AWARDS TO ASSIST IN THE RECOVERY OF CERTAIN
PERSONS WHO AS CHILDREN WERE RESIDENT IN
CERTAIN INSTITUTIONS IN THE STATE AND WHO
HAVE OR HAVE HAD INJURIES THAT ARE CONSISTENT
WITH ABUSE RECEIVED WHILE SO RESIDENT
AND FOR THAT PURPOSE TO ESTABLISH THE RESIDENTIAL
INSTITUTIONS REDRESS BOARD TO MAKE
SUCH AWARDS AND TO PROVIDE FOR THE REVIEW
OF SUCH AWARDS BY THE RESIDENTIAL INSTITUTIONS
REVIEW COMMITTEE AND TO PROVIDE
FOR RELATED MATTERS. [10th April, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
1.—(1) In this Act, unless the context otherwise requires—
‘‘abuse’’, in relation to a child, means—
(a) the wilful, reckless or negligent infliction of physical injury
on, or failure to prevent such injury to, the child,
(b) the use of the child by a person for sexual arousal or sexual
gratification of that person or another person,
(c) failure to care for the child which results in serious impairment
of the physical or mental health or development of
the child or serious adverse effects on his or her behaviour
or welfare, or
(d) any other act or omission towards the child which results in
serious impairment of the physical or mental health or
development of the child or serious adverse effects on his
or her behaviour or welfare,
and cognate words shall be construed accordingly;
‘‘Act of 2000’’ means the Commission to Inquire into Child Abuse
Act, 2000;
‘‘applicant’’ shall be construed in accordance with section 7(1);
‘‘application’’ means an application for an award;
3
Interpretation.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
S.1
4
‘‘award’’ means a financial award made by the Board;
‘‘Board’’ means the Board established under section 3;
‘‘Chairperson’’ shall be construed in accordance with section 6(1);
‘‘child’’ means a person who has not attained the age of 18 years and
cognate words shall be construed accordingly;
‘‘establishment day’’ means the day appointed under section 2 to be
the establishment day;
‘‘functions’’ includes powers and duties;
‘‘injury’’ includes physical or psychological injury and injury that has
occurred in the past or currently exists and cognate words shall be
construed accordingly;
‘‘institution’’ means an institution that is specified in the Schedule;
‘‘medical practitioner’’ means a person registered in the General
Register of Medical Practitioners established under section 26 of the
Medical Practitioners Act, 1978;
‘‘Minister’’ means the Minister for Education and Science;
‘‘prescribed’’ means prescribed by regulations made by the Minister;
‘‘public body’’ means a Department of State, a Minister of the
Government, a court, a health board and a local authority for the
purposes of the Local Government Act, 2001;
‘‘relevant person’’ means—
(a) a person who is referred to in an application as having carried
out the acts complained of in the application, and
(b) in the case of an institution that is referred to in an application
as being the institution in which the acts complained
of in the application were carried out, the person
who is concerned with the systems of management,
administration, operation, supervision, inspection and
regulation of such institution as the institution concerned
may determine and specify in writing to the Board;
‘‘Review Committee’’ has the meaning assigned to it by section 14;
‘‘Review Committee Chairperson’’ has the meaning assigned to it by
section 14;
‘‘spouse’’, in relation to a person, includes a person with whom the
person is or was at a time cohabiting.
(2) References in this Act to abuse of children in institutions or
which occurred in institutions include references to any case in which
abuse of a child took place, not in an institution, but while the child
was residing or being cared for in an institution and the abuse was
committed or aided, abetted, counselled or procured by, or otherwise
contributed to by an act or omission of, a person engaged in the
management, administration, operation, supervision or regulation of
the institution or a person otherwise employed in or associated with
the institution.
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(3) An applicant who was resident in an institution and was trans- S.1
ferred from that institution to another place of residence which carried
on the business of a laundry and who suffered abuse while resident
in that laundry shall be deemed, at the time of the abuse, to
have been resident in that institution.
(4) References in this Act to a person who as a child was resident
in an institution include references to any case where a child was
resident in an institution having been sent and detained there in
accordance with the provisions of the Children Act, 1908.
(5) In this Act—
(a) a reference to a section or a Schedule is a reference to a
section of or Schedule to this Act, unless it is indicated
that reference to some other enactment is intended,
(b) a reference to a subsection, paragraph or subparagraph is a
reference to the subsection, paragraph or subparagraph
of the provision in which the reference occurs unless it is
indicated that reference to some other provision is
intended, and
(c) a reference to any enactment shall, unless the context otherwise
requires, be construed as a reference to that enactment
as amended or extended by or under any subsequent
enactments including this Act.
2.—The Minister shall by order appoint a day to be the establishment
day for the purposes of this Act.
3.—(1) On the establishment day there shall stand established a
board to be known as the Residential Institutions Redress Board
(the ‘‘Board’’) to perform the functions conferred on it under this
Act.
(2) The Board and its members shall be independent in the performance
of their functions.
(3) When the Minister is satisfied, after consultation with the
Chairperson, that the Board has completed the performance of its
functions, the Minister may by order dissolve the Board and may,
subject to the provisions of this Act, include in the order such incidental,
ancillary or consequential provisions as the Minister considers
necessary or expedient.
(4) When an order under subsection (3) is proposed to be made,
a draft of the order shall be laid before each House of the Oireachtas
and the order shall not be made until a resolution approving of the
draft has been passed by each such House.
4.—(1) The Minister may, by order, provide for the insertion in
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.
5
Establishment day.
Establishment of
Board.
Additional
Institution.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
S.4
Functions of Board.
Membership of
Board.
6
(2) Where it is proposed to make an order under subsection (1), a
draft of the order shall be laid before each House of the Oireachtas
and the order shall not be made until a resolution approving such
draft is passed by each such House.
5.—(1) The Board shall—
(a) make awards in accordance with this Act which are fair and
reasonable having regard to the unique circumstances of
each applicant,
(b) make all reasonable efforts, through public advertisement,
direct correspondence with persons who were residents
of an institution and otherwise, to ensure that persons
who were residents of an institution are made aware of
the function, referred to in paragraph (a), of the Board,
(c) have regard to the age and health of an applicant when
determining the order in which applications are heard by
it, and
(d) ensure, in so far as is practicable, that hearings are conducted
as informally as is possible having regard to all the
circumstances.
(2) The Board shall have all such powers as are necessary or
expedient for the performance of its functions.
(3) When considering an application under this Act the Board—
(a) shall not address any issue of fault or negligence arising out
of evidence given in an application under this Act, and
(b) shall not make a finding of fact relating to fault or negligence
referred to in paragraph (a).
(4) The Board may—
(a) give directions for the purposes of exercising its functions
under this Act, and
(b) make provision for the taking of evidence on commission
for the purposes of this Act.
6.—(1) The Board shall consist of a chairperson (the
‘‘Chairperson’’) and such number of ordinary members as the Minister
may determine.
(2) The Minister shall appoint the Chairperson and the ordinary
members of the Board.
(3) In appointing the Chairperson and ordinary members of the
Board, the Minister shall have regard to the desirability of ensuring
a reasonable balance between the number of women and men so
appointed.
(4) The term of office of a member of the Board shall be for such
period as is specified by the Minister when appointing such member.
(5) (a) A member of the Board may, by letter addressed to the
Minister, resign his or her membership of the Board.
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(b) A member of the Board may be removed from office by S.6
the Minister.
(6) A member of the Board (other than a member who is the
holder of judicial office) shall be paid such remuneration (if any) and
allowances (if any) as may be determined by the Minister, with the
consent of the Minister for Finance, and members of the Board shall
be paid such allowances for expenses as may be so determined.
(7) The Minister may, with the consent of the Minister for Finance,
appoint such and so many persons to be members of the staff
of the Board and a person so appointed shall hold office on such
terms and shall receive such remuneration as the Minister for Finance
determines.
7.—(1) Where a person who makes an application (an
‘‘applicant’’) for an award to the Board establishes to the satisfaction
of the Board—
(a) proof of his or her identity,
(b) that he or she was resident in an institution during his or
her childhood, and
(c) that he or she was injured while so resident and that injury
is consistent with any abuse that is alleged to have
occurred while so resident,
the Board shall make an award to that person in accordance with
section 13(1).
(2) A person who has received an award from a court or a settlement
in respect of an action arising out of any circumstances which
could give rise to an application before the Board shall not make an
application to, or be heard by, the Board or be entitled to receive an
award under this Act in respect of those circumstances.
(3) Where a court has made a determination in an action arising
out of circumstances which could give rise to an application before
the Board the plaintiff in that action shall not make an application
to, or be heard by, the Board and shall not be entitled to receive an
award under this Act in respect of those circumstances.
(4) The making of an application to the Board does not involve
the waiver of any other right of action by the applicant.
(5) An applicant shall not, when presenting an application to the
Board, be required to produce to the Board any evidence of negligence
on the part of a person referred to in the application, by the
employer of that person or a public body.
(6) A person who makes an application under this Act and who
gives false evidence to the Board or the Review Committee in such
circumstances that, if the person had given the evidence before a
court, the person would be guilty of perjury, the person shall be
guilty of an offence and shall be liable on conviction on indictment
to the penalties applying to perjury.
(7) A determination referred to in subsection (3), shall not include
a determination concerning the Statutes of Limitations or an interlocutory
matter.
7
Entitlement to
award.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
Period for making
applications.
Deceased
applicants.
Hearing of
application.
8
8.—(1) An applicant shall make an application to the Board
within 3 years of the establishment day.
(2) The Board may, at its discretion and where it considers there
are exceptional circumstances, extend the period referred to in subsection
(1).
(3) The Board shall extend the period referred to in subsection
(1) where it is satisfied that an applicant was under a legal disability
by reason of unsound mind at the time when such application should
otherwise have been made and the applicant concerned makes an
application to the Board within 3 years of the cessation of that
disability.
9.—(1) Where a person who would have qualified as an applicant
and who did not receive an award or settlement referred to in section
7(2) dies after 11 May 1999 and prior to making an application under
this Act the children or spouse of that person may, subject to subsection
(3), make an application on behalf of that deceased person.
(2) Where an applicant dies after making an application but
before a determination is made by the Board the children or spouse
of that deceased applicant may proceed with the application.
(3) One application in respect of a person referred to in subsection
(1) shall be made to the Board.
(4) Where an award is made in respect of an application pursuant
to this section, the Board shall direct that such award be paid to
the personal representatives of the deceased person referred to in
subsection (1) or the applicant referred to in subsection (2) and that
the personal representatives shall treat such award as if it had been
paid to such deceased person or such applicant immediately prior to
his or her death.
(5) In this section ‘‘personal representative’’ has the meaning
assigned to it by the Succession Act, 1965.
10.—(1) An application may be heard before a sitting of the Board
consisting of a chairperson (who may be a person other than the
Chairperson) and at least one other member of the Board.
(2) The Board shall conduct its hearings otherwise than in public.
(3) An application shall be made to the Board in the manner
determined by the Board.
(4) When making an application the applicant shall provide the
Board with evidence of—
(a) his or her identity,
(b) residence at the institution concerned,
(c) the abuse received while so resident, and
(d) the injury received as a consequence of such abuse.
(5) The applicant, as he or she determines, shall provide the evidence
referred to in subsection (4) either—
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(a) orally, or S.10
(b) by a written statement as prescribed.
(6) For the purposes of establishing the matters specified in paragraph
(a) to (d) of subsection (4), the Board may on its own behalf
or at the request of an applicant, request, by notice in writing, any
person to produce to the Board or to the applicant any document
in his or her possession, custody or control which relates to such
matters.
(7) A person to whom a notice under subsection (6) is addressed
shall provide the Board with the document specified in the notice if
it is in the possession, custody or control of that person.
(8) The Board may hear submissions on behalf of the applicant
and any other evidence it considers appropriate and where evidence
is given in accordance with subsection (5)(b) the Board may request
the applicant concerned to provide oral evidence in respect of the
matters referred to at paragraphs (c) and (d) of subsection (4).
(9) The Board shall make a preliminary decision as to whether
the applicant is entitled to an award having regard to the matters
specified in paragraphs (a) to (d) of subsection (4) and, where appropriate,
any matter arising out of section 11.
(10) The Board may make an interim award where—
(a) it makes a preliminary decision in accordance with subsection
(9) that the applicant is entitled to an award,
(b) is satisfied that it is probable, having regard to all the circumstances,
that an award that is equal to or greater than
the amount of the interim award will be made in respect
of the applicant, and
(c) it is of the opinion that having regard to the age or infirmity
of an applicant the making of an interim award is appropriate
in the circumstances,
and such interim award shall not exceed \10,000 and it shall deduct
the amount of such interim award from the award made in accordance
with section 13.
(11) The Board shall, where it makes a preliminary decision that
the applicant is entitled to an award, request the advisers appointed
under section 11(1) to prepare a report on the injuries, referred to in
subsection (4)(d), received by the applicant and, where the Board
considers it appropriate, may require that such report shall have
regard to any matter arising out of the oral evidence given by the
applicant.
(12) An adviser referred to in subsection (11) shall prepare and
submit such report to the Board and when preparing such report that
adviser—
(a) shall have regard to the medical reports submitted by the
applicant,
(b) shall have regard to the evidence provided on behalf of the
applicant by his or her medical advisers,
(c) shall have regard to the evidence given under subsection (4),
9
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
S.10
Supplemental
provisions to section
10.
10
(d) may, where that adviser considers it appropriate, carry out
an assessment of the applicant and such assessment may
include conducting an interview with the applicant and
his or her medical advisers, and
(e) shall have regard to the matters specified in section 7(1)(c)
and any requirement of the Board under subsection (11).
(13) An applicant, other than an applicant referred to in section 9,
shall appear in person and may be represented by counsel or solicitor
before the Board.
(14) An applicant or a relevant person and any person giving evidence
on behalf of an applicant or a relevant person may be asked
questions by the Board or by counsel for the Board or by both.
(15) Where an application is made on behalf of a deceased person
in accordance with section 9, the Board shall rely on—
(a) the oral evidence of the children or spouse in respect of the
matters specified in paragraphs (a) to (c) of subsection
(4), and
(b) medical reports submitted on behalf of the deceased person.
11.—(1) The Board shall appoint persons with appropriate medical
and related expertise as advisers to advise generally in respect of
injuries referred to in section 7(1)(c) and, without prejudice to the
generality of the foregoing, such advisers shall prepare a report on
injuries of an applicant for the purpose of making an award.
(2) The Board may appoint its own counsel who may call such
expert witnesses to give evidence as the Board may require.
(3) Subject to this Act, the Board shall determine its own procedures
and, in so doing, shall, in as far as is practicable, adopt procedures
which are informal.
(4) The Board may sit in divisions of itself to exercise its functions.
(5) The Board may act notwithstanding one or more vacancies
among its members.
(6) The Board may, in addition to hearing counsel for an applicant,
in respect of any matter before it, seek the assistance of counsel
appointed by the Board in relation to any matter which it regards as
necessary.
(7) The Board shall determine the manner in which an applicant
shall provide evidence of his or her identity.
(8) The Board shall take such reasonable steps as are necessary,
and in accordance with regulations made under this section, to
inform a relevant person of an application under this Act in which
the relevant person is referred to and where the Board so informs
that relevant person—
(a) the Board shall invite that relevant person to provide it with
any evidence in writing concerning such application as
the relevant person considers appropriate,
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(b) the Board may, on an application by a relevant person, S.11
allow the relevant person to give oral evidence to the
Board in respect of the application,
(c) the relevant person may, in person or through a legal or
other representative, and, with the consent of the Board,
cross-examine the applicant and any person giving evidence
on behalf of the applicant for the purpose of—
(i) correcting any mistake of fact or misstatement relating
to or affecting the relevant person made in the
application,
(ii) defending the relevant person in relation to any allegation
or defamatory or untrue statement, made in
the application, or
(iii) protecting and vindicating the personal and other
rights of the relevant person,
and
(d) an applicant may, in person or through a legal or other representative,
and, with the consent of the Board, crossexamine
the relevant person and any person giving evidence
on behalf of the relevant person,
and the Board shall consent under this subsection if it considers that,
in the interests of justice, it is necessary or expedient to do so for
any of the purposes so specified.
(9) A relevant person may request the Review Committee to
review a refusal of the Board, under subsection (8), and the Review
Committee may either confirm the decision of the Board or direct
the Board to allow the relevant person to give oral evidence in the
application concerned.
(10) Where there is a conflict between the evidence given by the
applicant and the evidence given by a relevant person which cannot
be resolved to the satisfaction of the Board, the Board shall request
the advisers appointed under subsection (1) to prepare a report on
the injuries referred to in section 10(4)(d) and section 10(12) shall
apply to the making of such report.
(11) The Board, having considered a report made pursuant to subsection
(10), shall make a preliminary decision under section 10(9)
and the report prepared pursuant to subsection (10) shall be relied
on for the purposes of section 10(12).
(12) The making of an award to an applicant, notwithstanding a
conflict between the evidence given by the applicant and a relevant
person, shall not constitute a finding of fact relating to fault or negligence
on the part of the relevant person.
(13) The Minister may make regulations concerning the giving of
evidence and the service of documents under this Act.
12.—The Minister may make arrangements to provide for the
settlement of an application to the Board.
11
Settlement of
applications.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
Award of Board.
12
13.—(1) The Board shall, when determining an award, have
regard to—
(a) the evidence adduced at a hearing, if any,
(b) the regulations made by the Minister under section 17, and
(c) the report referred to in section 10(12) or, where appropriate,
in section 11(11),
and, where it considers it appropriate, it may hear the oral evidence
of the applicant and his or her medical or other advisers in respect
of the report referred to in paragraph (c).
(2) Where the Board makes an award it shall include an award
for—
(a) any expenses incurred in making an application under this
Act, and
(b) medical expenses incurred by the applicant in accordance
with regulations made under section 17 in respect of treatment
for the injury concerned.
(3) The Board shall, as soon as is practicable, notify the applicant
in writing of the award to him or her.
(4) An applicant may—
(a) accept or reject the award made by the Board to him or her,
or
(b) submit the award to the Review Committee for a review of
the amount of the award made by the Board,
within one month, or such greater period as may be prescribed, from
the date of receiving notice of the award.
(5) If an applicant does not accept, reject or submit for review the
award made to him or her within the period referred to in subsection
(4) he or she shall be deemed to have rejected the award.
(6) Where an applicant accepts an award (including an award
reviewed under section 15) the applicant shall agree in writing to
waive any right of action which he or she may otherwise have had
against a public body or a person who has made a contribution under
section 23(5) and to discontinue any other proceedings instituted by
the applicant, against such public body or such person, that arise out
of the circumstances of the application before the Board.
(7) An award shall not be paid to an applicant unless the applicant
complies with subsection (6).
(8) Where—
(a) an applicant does not wish to receive the entire amount of
an award in a single payment, the Board, having heard
the applicant or a submission on behalf of the applicant,
may in its absolute discretion, direct that the award shall
be paid to the applicant in instalments, or
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(b) the Board, having heard submissions by or on behalf of an S.13
applicant and from such other person as the Board considers
appropriate, is of the opinion that the applicant is
incapable of managing any moneys received under an
award it shall direct that the award shall be paid to the
applicant in instalments or in any other manner that is
appropriate having regard to the circumstances of the
applicant,
and the applicant may submit a direction under paragraph (b) to the
Review Committee for a review of that direction.
(9) Where the Board decides that any or all of the matters specified
in section 7(1) have not been established to its satisfaction it
shall notify the applicant as soon as practicable of the decision and
an applicant may submit that decision to the Review Committee for
a review of it within one month, or such greater period as may be
prescribed, from the date of receiving notice of the decision not to
make the award.
(10) Where an applicant does not accept an award within the time
and in the manner provided for in this section and proceeds with any
right of action that he or she may have arising out of the same, or
substantially the same, acts complained of in an application, the
Minister, a public body or any other person, will not in such proceedings
to which it is a party rely for the purposes of the Statutes
of Limitations, on the period between—
(a) the date of the application to the Board by that applicant,
and
(b) the date on which the applicant—
(i) abandoned his or her application,
(ii) was adjudged not entitled to an award under this Act,
(iii) rejected an award in accordance with subsection
(4)(a) or subsection (5), or
(iv) rejected a decision of the Review Committee in
accordance with section 15(7) or section 15(8),
whichever of such dates is the later, in bar of any right of recovery
under such proceedings.
(11) An award made under this Act shall not be construed as a
finding of fact that a person who is referred to in an application
carried out the acts complained of in the application.
(12) An applicant who receives an award under this Act shall not
institute civil proceedings arising out of the same, or substantially
the same, acts complained of in an application in respect of which a
public body or a person who has made a contribution under section
23(5) is a party if such proceedings concern the institution referred
to in section 28(4)(b) and the period of residence at that institution
referred to in section 28(4)(c).
(13) The Minister may submit an award made by the Board to the
Review Committee within one month from the date of making the
award.
13
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
Establishment of
Review Committee.
Decision of Review
Committee.
14
14.—(1) On the establishment day there shall stand established a
committee which shall be known as the Residential Institutions
Redress Review Committee (the ‘‘Review Committee’’) to perform
the functions conferred on it under this Act.
(2) The Review Committee shall consist of a chairperson (the
‘‘Review Committee Chairperson’’) and such number of ordinary
members as may be determined by the Minister.
(3) When the Minister is satisfied, after consultation with the
Review Committee Chairperson, that the Review Committee has
completed the performance of its functions, the Minister may by
order dissolve the Review Committee and may, subject to the provisions
of this Act, include in the order such incidental, ancillary
or consequential provisions as the Minister considers necessary or
expedient.
(4) When an order under subsection (3) is proposed to be made,
a draft of the order shall be laid before each House of the Oireachtas
and the order shall not be made until a resolution approving of the
draft has been passed by each such House.
(5) The Review Committee and its members shall be independent
in the exercise of their functions.
(6) The Minister shall appoint the Review Committee Chairperson
and the ordinary members of the Review Committee.
(7) The term of office of a member of the Review Committee
shall be for such period as is specified by the Minister when appointing
that member.
(8) A member of the Review Committee may, by letter addressed
to the Minister, resign his or her membership.
(9) A member of the Review Committee may be removed from
membership by the Minister.
(10) A member of the Review Committee (other than a member
who is the holder of judicial office) shall be paid such remuneration
(if any) and allowances (if any) as may be determined by the Minister
with the consent of the Minister for Finance and members of the
Review Committee shall be paid such allowances for expenses as
may be so determined.
(11) The Minister may, with the consent of the Minister for Finance,
appoint such and so many persons to be members of the staff
of the Review Committee and a person so appointed shall hold office
on such terms and shall receive such remuneration as the Minister
for Finance determines.
(12) The Review Committee shall determine its own procedures
and in so doing, shall, in as far as is practicable, adopt procedures
which are informal.
(13) The Review Committee may sit in divisions of itself to hear
applications before it.
15.—(1) The Review Committee shall review—
(a) the amount of an award that is submitted in accordance with
section 13(4)(b) or 13(13),
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(b) a direction under section 13(8)(b), and S.15
(c) a decision referred to, and submitted in accordance with,
section 13(9).
(2) The Review Committee shall, when reviewing an award, have
regard to—
(a) the regulations made by the Minister under section 17,
(b) the report referred to in section 10(12),
(c) the medical reports submitted by the applicant, and
(d) the evidence given to the Board by the applicant and by any
witness called by the applicant.
(3) The Review Committee, in a review of an award made by the
Board, may—
(a) uphold the amount of the award, or
(b) increase or decrease the amount of the award,
and shall notify the Board and the applicant of its decision as soon
as practicable.
(4) The Review Committee, in a review of a decision referred to
in section 13(9)—
(a) shall review the evidence submitted to the Board and may
hear oral evidence of the applicant and his or her medical
advisers,
(b) may hear submissions on behalf of the applicant and other
evidence as it considers appropriate,
(c) where it is satisfied that the matters specified in section 7(1)
have been established, shall make a preliminary decision
that the applicant is entitled to an award and shall notify
the Board and the applicant of the decision as soon as
practicable, and
(d) where it is satisfied that any or all of the matters specified
in section 7(1) have not been established, it shall inform
the applicant and the Board in writing as soon as is practicable
and shall not make an award.
(5) Where the Review Committee makes a decision—
(a) under subsection (3), it shall notify the applicant and the
Board of the amount of such award and shall direct the
Board to make an award in the amount so notified, and
(b) under subsection (4)(c), it shall notify the applicant and the
Board accordingly and the Board shall regard such
decision as if it was a preliminary decision referred to in
section 10(10).
(6) Where the Review Committee makes notification under subsection
(5)(a), the Board shall, having regard to the period referred
to in subsection (8), make an award in the amount concerned and
subsections (6) to (8)(a) of section 13 shall apply to the award.
15
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
S.15
Assessment of
Injuries Report.
Assessment of
injuries regulations.
16
(7) Where a decision under subsection (3) has been notified to the
applicant, he or she shall have a period of one month or such greater
period as may be prescribed from the date of receiving the notification
during which he or she may decide in writing either to accept
or reject the decision of the Review Committee and where the applicant
so decides he or she shall notify the Board of the decision.
(8) If the applicant neither accepts nor rejects the decision of the
Review Committee within the period specified in subsection (7), the
applicant shall be deemed to have rejected the decision of the
Review Committee.
(9) The applicant, other than an applicant referred to in section 9,
shall appear in person and may be represented by counsel or solicitor
before the Review Committee.
(10) An applicant and any person giving evidence on behalf of an
applicant may be asked questions by the Review Committee.
(11) Where an application for a review is made on behalf of a
deceased person in accordance with section 9, the Review Committee
shall rely on—
(a) the oral evidence of the children or spouse in respect of the
matters specified in paragraphs (a) to (c) of subsection
(4), and
(b) medical reports submitted on behalf of the deceased person.
(12) The Review Committee may uphold a direction under section
13(8)(b) or direct how such moneys shall be paid as it considers
appropriate having regard to the circumstances of the applicant.
16.—Where the Minister has appointed persons with appropriate
medical and legal expertise to be members of a committee, either
before or after the passing of this Act, for the purposes of preparing
a report—
(a) on the amount of awards for categories of abuse, including
severity of abuse and categories of injuries, and
(b) on advice and recommendations generally in respect of such
awards, including advice on the range of the amount to
be paid in an award having regard to the category of the
abuse and injury,
the Minister shall cause the report to be published as soon as
practicable.
17.—(1) The Minister shall make regulations specifying the
amount to be paid for abuse, injuries and medical expenses and shall,
when making such regulations, have regard to the report referred to
in section 16.
(2) Without prejudice to the generality of the foregoing, the Minister
shall specify in the regulations—
(a) categories of abuse, including categories of severity of
abuse,
(b) categories of injuries, or
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(c) amounts to be paid in an award for such abuse and injuries, S.17
and where appropriate, the range of such amounts having
regard to the severity of the abuse and injuries.
18.—(1) Utterances made by a member of the Board or the
Review Committee, a member of the staff of the Board or Review
Committee or an adviser to the Board or Review Committee, for the
purposes of the performance of the functions of the Board or the
Review Committee, shall be absolutely privileged and such utterances
and documents prepared by the Board or the Review Committee
or any of the other persons aforesaid for the purposes of such
performance and reports of the Board or the Review Committee,
shall be absolutely privileged wherever and however published.
(2) A person whose evidence has been, is being or is to be given
before the Board or the Review Committee, or who produces or
sends a document to the Board or the Review Committee or who
makes a submission to the Board or the Review Committee shall be
entitled to the same privileges and immunities in respect of those
matters as a witness before the High Court in respect of evidence.
19.—A statement or admission made by a person—
(a) before the Board or the Review Committee, or
(b) in a document prepared for the Board or the Review Committee
for the purposes of assessing an application that
is—
(i) sent by a person to the Board or the Review
Committee,
(ii) sent to a member of the Board or the Review
Committee,
(iii) sent to a member of the staff of the Board or the
Review Committee, or
(iv) sent to an adviser appointed under section 11,
shall not be admissible as evidence against that person, or against
any other person who may be liable for the acts or omissions of that
person, in any criminal proceedings or in any civil proceedings in a
court or other tribunal.
20.—(1) The Board or the Review Committee may require a person
giving evidence to it to give his or her evidence on oath or
affirmation.
(2) The Chairperson or a member of the staff of the Board or the
Review Committee Chairperson or a member of the staff of the
Review Committee, authorised in that behalf by the Board or the
Review Committee, may administer, as appropriate, the oath or affirmation
to the witness concerned.
21.—The Board shall establish such procedures as it considers
appropriate through which a claimant who has received an award
may be given advice as to financial management of the award.
17
Privilege.
Admissibility of
certain evidence.
Evidence on oath.
Advice on financial
management of
award.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
Income and award.
Special account.
18
22.—(1) For the purposes of the Income Tax Acts, and notwithstanding
any provision of those Acts to the contrary—
(a) income consisting of an award under this Act shall be disregarded
for the purposes of income tax assessment, and
(b) any payment in respect of an award under this Act shall be
treated in all respects as if it were a payment made following
the institution, by or on behalf of the applicant to
whom the payment is made, of a civil action for damages
in respect of personal injury.
(2) In this section ‘‘Income Tax Acts’’ has the meaning assigned
to it by the Taxes Consolidation Act, 1997.
23.—(1) There shall be set up on the establishment day a special
account, to be funded from—
(a) moneys provided by the Oireachtas, and
(b) moneys provided in accordance with subsection (5).
(2) Moneys provided in accordance with—
(a) subsection (1)(a) shall be used to pay awards made by the
Board (including awards reviewed by the Review
Committee), and the costs of the Board in administering
this Act, and
(b) subsection (1)(b) shall be used to pay awards made by the
Board including awards reviewed by the Review
Committee.
(3) Subject to subsection (4), the moneys in the special account
may be used at any time but shall only be used for the purposes for
which they were voted (and contributed for under subsection (5))
and shall be issued out of that account only by direction of the Minister
for Finance.
(4) Any moneys, including interest (if any), in the special account
may be paid into, or disposed for the benefit of, the Exchequer in
accordance with the directions of the Minister for Finance.
(5) A person, with the consent of the Minister and the Minister
for Finance, may make a contribution to awards and shall pay the
amount to be contributed to the Minister for Finance.
(6) The Minister for Finance shall pay a contribution referred to
in subsection (5) into the special account established under this
section.
(7) In this section ‘‘special account’’, unless the context otherwise
requires, means an account for the purposes of this Act in the joint
names of the Minister and the Minister for Finance, which account
shall—
(a) be an account with the Paymaster General,
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(b) be subject to such terms and conditions as the Minister for S.23
Finance in consultation with the Minister, may determine,
and
(c) be subject to audit by the Comptroller and Auditor General.
24.—Where an applicant has accepted an award made under
section 13 or section 15 and has complied with section 13(6), no cause
of action or claim for indemnity and contribution or either of them,
whether by third party procedure pursuant to section 27 of the Civil
Liability Act, 1961 or otherwise, in any civil proceedings or otherwise,
shall lie against the State or a public body if such proceedings
arise out of the same, or substantially the same, acts complained of
in an application made under this Act and in respect of which the
applicant is a party.
25.—Notwithstanding any period of time specified in rules of court
for the payment into court, by way of lodgement, of a sum of money
in satisfaction of a claim, where an applicant is deemed to have
rejected an award in accordance with this Act, the Minister may,
within 30 days of such deeming, pay the amount of an award made
under this Act into the court concerned in respect of any civil proceedings
in which the applicant is a party and which arise out of the
same, or substantially the same, acts complained of in the application
made by the applicant concerned under this Act.
26.—(1) The Board shall submit an annual report of its activities
and particulars of its accounts to the Minister at such time as the
Minister directs.
(2) The Board shall submit to the Minister, at such time as the
Minister directs, such additional reports on such matters relating to
the performance by it of its functions as shall be determined by the
Minister.
(3) The Minister shall cause copies of a report made under this
section to be laid before each House of the Oireachtas.
(4) A report of the Board shall not identify any applicant, institution
or person referred to in an application.
27.—(1) The Board shall pay to an applicant to whom it has made
an award (including an award that has been reviewed under section
15) a reasonable amount for expenses incurred by him or her relating
to the preparation and presentation of the application as shall be
agreed between the Board and the applicant and in default of such
agreement such expenses shall be determined by a Taxing Master of
the High Court.
(2) The Board shall pay to an applicant who accepts an award
(including an award that has been reviewed under section 15) the
costs of any proceedings instituted by that applicant and to which
the waiver under section 13(6) applies as shall be agreed between the
Board and the applicant and in default of such agreement such
expenses shall be determined by a Taxing Master of the High Court.
(3) Where expenses or costs are agreed or taxed regard shall be
had to any expenses and costs concerning—
19
Indemnity and
contribution.
Lodgement of
money.
Report of Board.
Taxation of costs.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
S.27
Prohibition on
disclosure of
information.
20
(a) the proceedings referred to in subsection (2), or
(b) a submission to the Investigation Committee,
for the purpose of ensuring that a payment for an item of such
expenses or costs is not made more than once.
(4) In subsection (3) ‘‘Investigation Committee’’ has the meaning
assigned to it by the Act of 2000.
28.—(1) A person (including the Board and the Review
Committee) shall not, subject to this section, disclose information
other than the information specified in subsection (4) or (5) that is
provided to the Board or the Review Committee and obtained by
that person in the course of the performance of the functions of the
person under this Act.
(2) A person referred to in subsection (1) shall disclose information
so referred to for the purpose of the performance of the
functions of the person under this Act.
(3) Documents that are—
(a) provided to or prepared by the Board and where appropriate
the Review Committee, or
(b) prepared by a person for the Board or the Review Committee
in the course of the performance of the functions of
such person as a member of the Board, Review Committee,
a member of the staff of the Board or the Review
Committee or an adviser,
shall not constitute Departmental records within the meaning of
section 2(2) of the National Archives Act, 1986.
(4) The Board shall keep a record of the following information—
(a) the name, address and date of birth of an applicant,
(b) the name of the institution concerned,
(c) the period in which the applicant was resident at the institution,
and
(d) the amount awarded to the applicant under this Act,
and such records shall be available to the Minister for the purposes
of section 13(13) and to any party against whom proceedings are
initiated contrary to section 13(12).
(5) Notwithstanding subsection (1) or any other provision of, or an
instrument made under, a statute or any other rule of law, a person
shall disclose information other than the information specified in
subsection (4) that is provided to the Board or the Review Committee
and obtained by that person in the course of the performance of
the functions of the person under this Act to—
(a) a member of the Garda Sı´ocha´na if the person is acting in
good faith and reasonably believes that such disclosure is
necessary in order to prevent an act or omission constituting
a serious offence, and
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(b) to an appropriate person (within the meaning of the Protec- S.28
tions for Persons Reporting Child Abuse Act, 1998) if the
person is acting in good faith and reasonably believes that
such disclosure is necessary to prevent, reduce or remove
a substantial risk to the life or to prevent the continuance
of abuse of a child.
(6) A person shall not publish any information concerning an
application or an award made under this Act that refers to any other
person (including an applicant), relevant person or institution by
name or which could reasonably lead to the identification of any
other person (including an applicant), a relevant person or an institution
referred to in an application made under this Act.
(7) The Board shall, prior to the making of an order under section
3(3), determine the disposal of the documents concerning applications
made to it.
(8) The Review Committee shall, prior to the making of an order
under section 14(3), determine the disposal of the documents concerning
applications made to it.
(9) A person who contravenes subsection (1) or subsection (6)
shall be guilty of an offence.
29.—(1) In this section a ‘‘relevant body’’ means the Board or the
Review Committee as the case may be.
(2) Subject to the consent of the Minister and the Minister for
Finance, a relevant body may, from time to time, appoint such and
so many persons to be employees of that relevant body as it thinks
fit.
(3) An employee of a relevant body shall be employed on such
terms and conditions as that relevant body, with the consent of the
Minister and the Minister for Finance, may from time to time
determine.
(4) A relevant body shall pay to its employees such remuneration,
fees and allowances for expenses as the relevant body, with the consent
of the Minister and the Minister for Finance, may from time to
time determine.
30.—Section 4 of the Data Protection Act, 1988 does not apply to
personal data provided to the Board while the data is in the custody
of the Board or the Review Committee.
31.—(1) A head may refuse to grant a request (including a request
made before the passing of this Act) under section 7 of the Freedom
of Information Act, 1997 (‘‘a request’’), if access to the records concerned
could, in the opinion of the head, reasonably be expected to
prejudice the effectiveness of the performance of its functions by
the Board or the Review Committee or the procedures or methods
employed for such performance.
(2) Subsection (1) does not apply in relation to a case in which in
the opinion of the head concerned the public interest would, on balance,
be better served by granting than by refusing to grant the
request concerned.
21
Staff.
Restriction of Data
Protection Act,
1988.
Application of
Freedom of
Information Act,
1997 to certain
records.
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
S.31
Amendment of Act
of 2000.
22
(3) Before forming the opinion referred to in subsection (1) or (2),
a head shall consult with the Chairperson.
(4) In this section, ‘‘head’’, ‘‘public body’’ and ‘‘record’’ have the
meanings assigned to them by section 2 of the Freedom of Information
Act, 1997.
32.—The Act of 2000 is amended by—
(a) the substitution for section 20 of the Act of 2000 of the
following sections:
‘‘Miscellaneous 20.—(1) The Minister may, with the consent of costs and expenses. the Minister for Finance and after consultation
with the Commission, make a scheme providing
for the payment by the Commission to a person
who, pursuant to a request of a Committee or a
direction attends before a Committee, of a
reasonable amount in respect of the expenses
incurred by the person in relation to such
attendance.
(2) The Minister may, with the consent and
after consultation aforesaid, make a scheme
amending or revoking a scheme under this
section.
(3) The Commission shall carry out a scheme
under this section in accordance with its terms.
Legal 20A.—(1) The Investigation Committee may representation and costs and expenses. allow a person appearing before it to be represented
by counsel or solicitor or otherwise.
(2) Subject to subsection (3), the Commission
may pay such reasonable costs arising out of the
representation referred to in subsection (1) to the
person so represented as are agreed between the
Commission and that person or, in default of
agreement, such costs as may be taxed by a Taxing
Master of the High Court.
(3) Where the Chairperson is of the opinion
that a person has failed to co-operate with or provide
assistance, or has knowingly given false or
misleading information, to the Investigation
Committee and there are sufficient reasons rendering
it equitable to do so, the Chairperson may,
on his or her own motion or pursuant to an application
by a person appearing before the Investigation
Committee, refuse to allow the whole or
part of the costs of appearance to such person,
and may make an order directing that the whole
or part of such costs—
(a) of any person appearing before the
Investigation Committee by counsel
or solicitor, as may be taxed by a Taxing
Master of the High Court in
default of agreement, shall be paid to
the person by the first-mentioned person,
or
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
(b) incurred by the Investigation Commit- S.32
tee, as may be taxed by a Taxing Master
of the High Court in default of
agreement, shall be paid to the Minister
for Finance by the first-mentioned
person.
(4) The Commission may pay to a person
(other than a person referred to in subsection
(2)) who makes discovery of documents pursuant
to a direction under section 14(1)(d) appearing
before the Investigation Committee by counsel
or solicitor such reasonable costs of appearing as
may be agreed between the Commission and that
person or, in default of agreement, as may be
taxed by a Taxing Master of the High Court.
(5) Where, in accordance with this section,
expenses or costs are agreed or taxed, the Commission,
or, as the case may be, the Taxing Master
shall have regard to—
(a) any expenses and costs paid to the person
by the Residential Institutions
Redress Board, and
(b) any expenses and costs paid to the person
by the State in respect of any litigation
concerning the same, or substantially
the same, acts complained
of to the Investigation Committee,
for the purpose of ensuring that payment is not
made more than once for any matter arising out
of such expenses or costs.’’,
and
(b) the insertion after section 23 of the following new section:
‘‘Deciding officers. 23A.—(1) The Commission may, with the consent
of the Minister and the Minister for Finance,
appoint persons (referred to in this Act as ‘deciding
officers’) to assist the Investigation Committee
in the carrying out of its functions.
(2) A deciding officer shall have such expertise
in law, medicine, psychiatry, psychology or social
work as the Commission considers appropriate.
(3) A deciding officer shall be appointed subject
to such terms and conditions as the Minister,
with the consent of the Minister for Finance, may
determine.
(4) The Chairperson may, when making a
determination under section 11(6), include such
number of deciding officers as, in the opinion of
the Chairperson, is appropriate.
(5) A deciding officer shall, in respect of a division
of the Investigation Committee, exercise the
functions of a member of that division.’’.
23
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
Regulations.
Penalties.
Criminal records.
Power to remove
difficulties.
Laying of
regulations.
Expenses.
Short title.
24
33.—(1) The Minister may make regulations giving effect to this
Act and, without prejudice to the generality of the foregoing, such
regulations may provide for—
(a) the manner of payment of costs and expenses of an application
under this Act, and
(b) an official seal of the Board.
(2) The Minister may make regulations for prescribing any matter
referred to in this Act as prescribed or to be prescribed.
34.—A person who is guilty of an offence under sections 7(6) and
28(9) shall be liable—
(a) on summary conviction, to a fine not exceeding \3,000
(£2,362.69) or to imprisonment for a term not exceeding
6 months or both, or
(b) on conviction on indictment, to a fine not exceeding \25,000
(£19,689.10) or imprisonment for a term not exceeding 2
years or both.
35.—For the avoidance of doubt, a person who was detained in an
industrial school pursuant to the Children Act, 1908, other than a
person who was so detained as a consequence of a conviction for
an offence, shall not be subject to any disqualification or any other
restriction that is a consequence of a conviction for an offence.
36.—(1) If in any respect any difficulty arises in bringing any provision
of this Act into operation or in relation to the operation of
any such provision, the Minister may by regulations do anything
which appears to be necessary or expedient for the purposes of
removing that difficulty, for bringing that provision into operation or
for securing or facilitating its operation and any such regulations may
modify any provision of this Act or any other enactment so far as
may appear necessary or expedient for the purposes aforesaid.
(2) No regulations may be made under this section after the expiration
of one year after the establishment day.
37.—Every regulation under this Act shall be laid by the Minister
before each House of the Oireachtas as soon as may be after it is
made and, if a resolution annulling the regulation is passed by either
such House within the next 21 days on which that House has sat
after the regulation is laid before it, the regulation shall be annulled
accordingly but without prejudice to the validity of anything previously
done thereunder.
38.—The expenses incurred, including expenses incurred under
section 16, by the Minister in the administration of this Act, shall, to
such extent as may be sanctioned by the Minister for Finance, be
paid out of moneys provided for by the Oireachtas.
39.—This Act may be cited as the Residential Institutions Redress
Act, 2002.
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
SCHEDULE
An Griana´n Training Centre, Grace Park Road, Dublin 9
Artane Industrial School for Senior Boys, Dublin 5
Baltimore Fishery School for Senior Boys, Baltimore, Co. Cork
Benada Abbey Industrial School for Girls, Ballymote, Co. Sligo
Carriglea Park Industrial School for Senior Boys, Dun Laoghaire,
Co. Dublin
Cottage Home, Tivoli Road, Dun Laoghaire, Co. Dublin
Don Bosco House, Gardiner Street, Dublin 1
Family Group Home, Geevagh, Co. Sligo
Family Group Home, Letterkenny, Co. Donegal
Family Group Home, Wexford
Kirwan House, Ranelagh, Dublin 6
Madonna House, Blackrock, Co. Dublin
Madonna House, Merrion Road, Dublin 4
Martanna House Hostel, Grace Park Road, Dublin 9
Miss Carr’s Children’s Home, 5 Northbrook Road, Dublin 6
Mount Carmel Industrial School for Girls, Moate, Co. Westmeath
Nazareth House, Sligo
Orphanage Schools, Convent of Mercy, Kells, Co. Meath
Our Boy’s Home, 95 Monkstown Road, Dun Laoghaire, Co. Dublin
Our Lady of Mercy Industrial School for Girls, Kinsale, Co. Cork
Our Lady of Succour Industrial School, Newtownforbes, Co.
Longford
Our Lady’s Industrial School for Girls, Ennis, Co. Clare
Pembrook Alms (Nazareth House) Industrial School for Girls,
Tralee, Co. Kerry
CPI Marino Special School, Bray, Co. Wicklow
Cork University Hospital School
Harcourt Street Hospital, Dublin 2
Holy Family School for Moderate Learning Disability, Charleville,
Co. Cork
Our Lady of Good Counsel, Lota, Glanmire, Co. Cork
Our Lady of Lourdes Hospital, Dun Laoghaire, Co. Dublin
Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12
Sacred Heart Home, Drumcondra, Dublin 9
School of the Divine Child, Lavanagh, Ballintemple, Cork
School of the Holy Spirit, Seville Lodge, Kilkenny, Co. Kilkenny
Scoil Ard Mhuire, Lusk, Co Dublin
Scoil Eanna, School of the Angels, Montenotte, Cork
Scoil Triest, Lota, Glanmire, Co. Cork
St. Martin’s Orphanage, Waterford
St. Clare’s Orphanage, Harold’s Cross, Dublin 6
St. David’s, Lota, Glanmire, Co. Cork
St. Gabriel’s School, Curraheen Road, Cork
St. Joseph’s Orphanage, Tivoli Road, Dun Laoghaire, Co. Dublin
St. Joseph’s Orphanage, Bundoran, Co. Donegal
St. Joseph’s Orthapaedic Hospital for Children, Coole, Co.
Westmeath
St. Joseph’s School for the Visually Impaired, Drumcondra, Dublin
9
St. Kevin’s Reformatory, Glencree, Co. Wicklow
St. Martha’s Industrial School, Monaghan
St. Martha’s Industrial School, Merrion, Dublin 4
St. Mary’s Orthopaedic Hospital, Baldoyle, Dublin 13
St. Mary’s Orthopaedic Hospital, Cappagh, Dublin 11
St. Mary’s School for Visually Impaired Girls, Merrion, Dublin
St. Vincent’s Centre for Persons with Intellectual Disability, Lisnagry,
Limerick
St. Vincent’s Orphanage, North William St, Dublin 9
St. Aidan’s Industrial School for Girls, Newross, Co. Wexford
St. Aloysius’ Industrial School for Girls, Clonakilty, Co. Cork
25
Section 1(1).
[No. 13.] Residential Institutions Redress [2002.]
Act, 2002.
Sch.
26
St. Ann’s Industrial School for Girls and Junior Boys, Renmore, Lenaboy,
Co. Galway
St. Anne’s Industrial School for Girls, Booterstown, Co. Dublin
St. Anne’s Reformatory School for Girls, Kilmacud, Co. Dublin
St. Anne’s, Sean Ross Abbey, Roscrea, Co. Tipperary
St. Augustine’s Industrial School for Girls, Templemore, Co.
Tipperary
St. Augustine’s, Obelisk Park, Carysfort Avenue, Blackrock, Co.
Dublin
St. Bernadette’s, Bonnington, Montenotte, Cork
St. Bernard’s Industrial School for Girls, Fethard, Dundrum, Co.
Tipperary
St. Bridgid’s Industrial School for Girls, Loughrea, Co. Galway
St. Cecilia’s, Cregg House, Sligo
St. Clare’s Orphanage, Harold’s Cross, Dublin 6
St. Coleman’s Industrial School for Girls, Cobh/Rushbrook, Co.
Cork
St. Columba’s Industrial School for Girls, Westport, Co. Mayo
St. Conleth’s Reformatory School for Boys, Daingean, Co. Offaly
St. Dominick’s Industrial School for Girls, Waterford
St. Finbarr’s Industrial School for Girls, Sundays Well, Marymount,
Cork
St. Francis Xavier’s Industrial School for Girls and Junior Boys, Ballaghadereen,
Co Roscommon
St. Francis’ & St Mary of the Angels, Beaufort, Killarney, Co. Kerry
St. Francis’ Industrial School for Girls, Cashel, Co. Tipperary
St. George’s Industrial School for Girls, Limerick
St. John’s Industrial School for Girls, Birr, Co. Offaly
St. Joseph’s Industrial School for Boys, Passage West, Co. Cork
St. Joseph’s Industrial School for Boys, Tralee, Co. Kerry
St. Joseph’s Industrial School for Girls and Junior Boys, Ballinasloe,
Co. Galway
St. Joseph’s Industrial School for Girls and Junior Boys, Clifden, Co.
Galway
St. Joseph’s Industrial School for Girls and Junior Boys, Liosomoine,
Killarney, Co. Kerry
St. Joseph’s Industrial School for Girls, Cavan
St. Joseph’s Industrial School for Girls, Dundalk, Co. Louth
St. Joseph’s Industrial School for Girls, Kilkenny
St. Joseph’s Industrial School for Girls, Mallow, Co. Cork
St. Joseph’s Industrial School for Girls, Summerhill, Athlone, Co.
Westmeath
St. Joseph’s Industrial School for Girls, Whitehall, Drumcondra,
Dublin 9
St. Joseph’s Industrial School for Senior Boys, Ferryhouse, Clonmel,
Co. Tipperary
St. Joseph’s Industrial School for Senior Boys, Glin, Co. Limerick
St. Joseph’s Industrial School for Senior Boys, Greenmount, Cork
St. Joseph’s Industrial School for Senior Boys, Letterfrack, Co.
Galway
St. Joseph’s Industrial School for Senior Boys, Salthill, Co. Galway
St. Joseph’s Orphanage, Tivoli Road, Dun Laoghaire
St. Joseph’s Reformatory School for Girls, Limerick
St. Joseph’s School for Hearing Impaired Boys, Cabra, Dublin 7
St. Joseph’s School for the Visually Handicapped, Drumcondra,
Dublin 9
St. Kyran’s Industrial School for Junior Boys, Rathdrum, Co.
Wicklow
St. Laurence’s Industrial School for Girls, Sligo
St. Laurence’s Industrial School, Finglas, Dublin 11
St. Martha’s Industrial School for Girls, Bundoran, Co. Donegal
St. Mary’s Industrial School, Lakelands, Sandymount, Dublin 4
St. Mary’s Orthopaedic Hospital, Baldoyle, Dublin 13
[2002.] Residential Institutions Redress [No. 13.]
Act, 2002.
St. Mary’s Orthopaedic Hospital, Cappagh, Finglas, Dublin 11 Sch.
St. Mary’s School for Hearing Impaired Girls, Cabra, Dublin 7
St. Mary’s, Delvin, Co. Westmeath
St. Mary’s, Drumcar, Dunleer, Co. Louth
St. Mary’s, Rochestown, Cork
St. Michael’s Industrial School for Girls, Wexford
St. Michael’s Industrial School for Junior boys, Cappoquin, Co.
Waterford
St. Michael’s, Glenmaroon, Chapelizod, Dublin 20
St. Mura’s Orphanage, Fahan, Co. Donegal
St. Patrick’s Industrial School for Boys, Upton, Cork
St. Patrick’s Industrial School for Junior Boys, Kilkenny
St. Paul’s Hospital, Beaumont, Dublin 9
St. Paul’s, Montenotte, Cork
St. Saviour’s Orphanage, Lr. Dominick Street, Dublin 1
St. Vincent’s (House of Charity) Industrial School for Junior Boys,
Drogheda, Co. Louth
St. Vincent’s Industrial School for Girls, Limerick
St. Vincent’s Industrial School, Goldenbridge, Inchicore, Dublin 8
St. Vincent’s Orphanage, Glasnevin, Dublin 9
St. Vincent’s, Navan Road, Dublin 7
Stewart’s Hospital, Palmerstown, Dublin 20
Tabor House, Dublin
Temple Street Hospital, Dublin 1
The Bird’s Nest Home, 19 York Road, Dun Laoghaire, Co. Dublin
The Los Angeles Homes, Dublin
The O’Brien Institute, Malahide Road, Dublin
Trudder House, Newtownmountkennedy, Co. Wicklow
Warrenstown House, Corduff Road, Blanchardstown, Dublin 15
27

24 comments:

Zoompad said...

I have just been contacted by another abuse survivor, and directed to the RESIDENTIAL INSTITUTIONS REDRESS BOARD where I have just read this statement:

The Redress Board was set up under the Residential Institutions Redress Act, 2002 to make fair and reasonable awards to persons who, as children, were abused while resident in industrial schools, reformatories and other institutions subject to state regulation or inspection.

The Board, which is wholly independent, is chaired by The Honourable Mr. Justice Esmond Smyth.

This Web site provides a general outline of the way in which the Board deals with applications for redress. All applications must, however, be considered in accordance with the provisions of the Residential Institutions Redress Act, 2002 and the Regulations made under the Act. For further information, please download “A Guide to the Residential Institutions Redress Act, 2002”.

Zoompad said...

THE TELEGRAPH

Irish judge's home raided in porn swoop
12:01AM BST 30 May 2002
An Irish judge whose home was raided in a police operation aimed at stamping out internet child pornography has been ordered to hear no more cases until the investigation is over.

The unnamed judge, a member of the bench of the Irish Circuit Court, had a meeting in Dublin yesterday with the President of the Court, Mr Justice Esmond Smyth. He directed that the judge would "not be listed for judicial assignments pending the outcome of the investigation".

The judge's home was one of more than 100 visited nationwide by officers from the Garda's domestic violence and sexual assault unit earlier this week, in Operation Amethyst.

Those targeted also included the chief executive of a major company, a barrister, a choirmaster, a solicitor, a health authority official and a teacher.

The operation is the biggest of its kind by the Irish police and a number of computers were taken away. Detectives have widened the investigation to see if individuals are suspected of abusing, or seeking to abuse children. It is understood police traced offenders through credit cards used to buy images of children being abused

No arrests were made during the raids, which were mainly at private addresses, but files are being prepared for the Irish Director of Public Prosecutions.

More raids are expected in coming weeks under Operation Amethyst, believed to stem from an investigation by the FBI. Police in Britain recently arrested and charged more than 30 men as part of a investigation based on the same American inquiry.

Zoompad said...

Institutional Child Abuse: Minister Expresses DisappointmentFriday, Jul 15, 2011Minister Quinn expresses disappointment at level of contributions offered by religious congregations to meet costs of residential institutional child abuse and seeks meetings




The Minister for Education and Skills, Ruairí Quinn T.D., is announcing how the government plans to progress issues raised in the follow up to the Ryan Report. The following matters are being addressed:



•Contributions towards the costs of the Response to Redress by the 18 religious congregations
•The Statutory Fund
•The future of the Redress Board
•The Memorial Committee

Contributions Towards the Costs of the Response to Redress



The final cost of the response to residential institutional child abuse is estimated to be in the region of €1.36 billion. The Government believes that this cost should be shared on a 50:50 basis, between the taxpayer and those responsible for managing the institutions where horrendous child abuse took place.



However, the offers from the religious congregations to date have fallen far short of the amount needed. Under the 2002 Indemnity Agreement, the 18 congregations involved agreed to provide a contribution of €128 million, comprising cash, property and counselling services.



In 2009, they proposed putting up just over €100 million in cash and offered to transfer property, mainly in the health and education sectors, that they valued at €235.5 million, to various State agencies and voluntary organisations.

Zoompad said...

Responding to these proposals, Minister Quinn acknowledged some progress had been made, but expressed his disappointment at the offers to date.



“Of the properties offered to the State, only 12 have been identified as of potential immediate benefit to the State and these will be pursued. In fact, only a quarter of the total property offers made to date by the congregations are of current interest to the State. The value of these 12 properties, based on the congregations’ own valuations, is approximately €60 million,” said Minister Quinn.



Minister Quinn also followed up on the call in April 2010 by the last government for the religious congregations to augment their original contribution of €348.5 million in order to meet half of the costs of the response to residential institutional child abuse. He has written to them seeking a meeting to discuss their response to date.



“Despite the State’s call for the congregations to supplement their original offers, only two out of the 18 congregations have replied positively to make up a shortfall of some €200 million. One congregation has offered to give €1 million towards the costs of the National Children’s Hospital and to refund some or all of its legal costs, while another offered to transfer a former primary school. None of the other congregations have supplemented their original offers,” said Minister Quinn.



“The congregations’ total offers fall well short, by several hundred million, of the €680 million contribution they should bear towards the cost of institutional residential child abuse. In April, I called on the orders to consider handing over appropriate school infrastructure as a way to make progress towards the 50:50 target contribution. I reiterate that call now.”



With the Government’s approval, Minister Quinn proposes to seek the congregations’ agreement to a legal mechanism which would ensure that title to school infrastructure properties would be transferred to the State, at the State’s request, and that title to such properties could not be altered, whether by sale on the open market or by transfer into any Trust arrangement, without the prior consent of the Department.



In addition, the Government is requesting the congregations to offer to transfer their properties that are currently rented by the State and properties that are identified as being of specific interest to the State. This overall approach will aim to ensure that if the State were to seek the transfer of any of the school infrastructure owned by the congregations, it could then do so

Zoompad said...

Commenting on this proposal, the Minister noted “I recognise that there are complex legal issues to be addressed to realise the transfer of school infrastructure. Nevertheless I believe that this approach affords the congregations involved the opportunity to shoulder their share of the costs of responding to the horrendous wrongs suffered by children in their care, while at the same time, recognising the legitimate legacy of their contribution to Irish education.”



The management bodies of other institutions included within the Redress Scheme have also been approached to make a contribution towards the costs involved and their potential to similarly transfer school infrastructure will be explored.



Statutory Fund



The Government is to proceed with legislation to establish a Residential Institutions Statutory Fund, to support the victims of residential institutional abuse, as endorsed by the Dáil in the aftermath of the Ryan Report. This follows extensive consultations with survivors of residential abuse and the groups which support them, together with a public consultation process.



Some €110 million, essentially the cash portion of the offers from the congregations, will be used to fund the trust. Announcing the measure, Minister Quinn said, “Over 13,000 former residents who have received awards from the Residential Institutions Redress Board will be eligible to apply for support from the Fund and every effort is being made to minimise the administration involved. Some former residents advocate a simple distribution of the available money. However, I believe that the Fund should target resources at services to support former residents’ needs, such as counselling, psychological support services and mental health services, health and personal social services, educational services and housing services.”



To date, contributions of €20.6m have been received towards the Statutory Fund. These and the remaining contributions to be received will be invested in an investment account to be established by the National Treasury Management Agency.



The Education Finance Board will be dissolved and the Statutory Fund will assume its functions to disburse the remaining moneys. As responsibility for information for survivors will also be taken on by the Statutory Fund, funding of survivor groups by the Department of Education will cease.

Zoompad said...

Redress Board



The Residential Institutions Redress Board will be wound down. The Board was set-up in 2002 to provide fair and reasonable financial awards to victims of institutional childhood abuse. The original closing date for receipt of applications under the Redress Scheme was December, 2005, although the Board can accept late applications in exceptional circumstances.



As it is now almost six years since the original closing date and as it is necessary to remove the Board’s power to consider late applications in order to wind-up the Redress Board, the Government has approved the drafting of amending legislation. The Minister expects to enact the necessary legislation to remove the Board’s power to consider late applications received after 16th September 2011. The Minister thanked the Redress Board and its chair, Judge Esmond Smyth, for their work to date.



Memorial Committee



The Memorial Committee appointed to oversee the erection of a memorial to victims of institutional abuse, as recommended in the Ryan Report, has reported to the Minister on its work to date. This involved a public consultation process and meetings with survivor groups and other interested parties. The Minister has approved the Committee’s proposal to advance to the competition stage for the Memorial and the Committee will now seek expressions of interest.



Minister Quinn will shortly be meeting with groups representing survivors of residential institutional abuse and representatives of the religious congregations in relation to the measures announced today.

Zoompad said...

http://www.google.co.uk/url?sa=t&source=web&cd=8&sqi=2&ved=0CFMQFjAH&url=http%3A%2F%2Fwww.courts.ie%2FCourts.ie%2Flibrary3.nsf%2F(WebFiles)%2F6678B377C3C80E4480256F430062E5CC%2F%24FILE%2FCommittee%2520on%2520Court%2520Practice%2520and%2520Procedure%252028th%2520Report.doc&ei=TfFZTpacBcaxhQerjtEi&usg=AFQjCNHK0yorMRLRYiHkyJMBa4lcZPuW2A&sig2=q8IVtP9JVVc_yYwcHPfzCg
TERMS OF REFERENCE

The Committee on Court Practices and Proceedures was appointed by the Minister for Justice on April 13th 1962 with the following Terms of Reference

Zoompad said...

a) To inquire into the operation of the courts and to consider wether the cost of litigation could be reduced and the convenience of the public and the efficient dispatch of civil and criminal business more effectivly secured by amending the law in relation to the jurisdiction of the various courts and by making changes, by legislation or otherwise, in practice and procedure

Zoompad said...

b) To consider wether, and if so, to what extent, the existing right to jury trial in civil actions should be abolished or modified

Zoompad said...

c) To make interim reports on any matter or matters arising out of the Committe's terms of reference as may from time to time appear to the Committee to merit immediate attention or to warrent seperate treatment

Zoompad said...

2) By warrant of the Minister for Justice dated July 19th 1973 the foregoing terms of reference were extended by the addition of the following subhead

"d) To make recommendations on such matters (including matters as substantive law) as the Minister for Justice may from time to time request the Committee to examine"

Zoompad said...

That was taken from the 28th Interim report of the committee on court practice and proceedure to Mr Michael McDowell, S.C., T.D. Minister for justice, equality and law reform

Zoompad said...

PDs can't duck out of collective responsibility on child abuse dealOctober 2, 2003

Sinn Féin Dáil leader Caoimhghin Ó Caoláin has described Michael McDowell's efforts to distance himself from the debacle surrounding the deal on child abuse reached between the Government and the religious as "lacking all credibility."

Deputy Ó Caoláin said:

"Michael McDowell's hand-wringing exercise yesterday in relation to the deal struck between the Government and the Religious Orders on child abuse compensation lacks credibility. The deal was approved by the Cabinet, including the Tánaiste, Minister McDowell's PD party leader. As the chief legal adviser to the Government at the time, with full access to Government and cabinet decisions, Minister McDowell has to accept his share of responsibility for the collective decisions of that Government. He cannot have it both ways. While we are being led to believe that he may have had some concerns about the deal he doesn't seem to have made any serious efforts to have the deal scrapped. On the contrary it is obvious now that he had no real problems with supporting the Government's collective decision to give the deal the thumbs up.

"Minister McDowell's position suggests that the PDs are now cynically attempting to distance themselves from what was a disgraceful decision for both those abused and the Irish taxpayer." ENDS

Zoompad said...

I am not a legal expert, but as a survivor of Pindown and the Secret Family Courts I am very interested in all this.

It seems that I have stumbled upon the roots of the Secret Family Courts.

What makes me laugh is that in the terms of reference it talks about saving money being an objective, and doing away with a jury presumably being one way to save money.

All I can say is that if a jury had been present to witness the case brought against me by a man who used the courts as a means of further harassing and stalking his victim, at great cost to the taxpayer (at least £100,000) the case would probably have been thrown out on the first day as the jury would have been outraged to witness the way I was treated.

No money has been saved by denying people a fair trial. Its bending down to pick up a penny and dropping a tenner. These dangerous arrogant fools have wrecked British justice.

Zoompad said...

I had never even heard of these people until this morning!

1. What is the Redress Board?

The Redress Board was set up under the Residential Institutions Redress Act, 2002 to make fair and reasonable awards to persons who, as children, were abused while resident in industrial schools, reformatories and other institutions subject to state regulation or inspection.

The Board, which is wholly independent, is chaired by The Honourable Mr. Justice Esmond Smyth.

2. How will it operate?

All applications for redress are treated in the strictest confidence, and all hearings conducted by the Board are in private.

Making an application for redress does not require you to give up any right you may have to bring a claim for damages in the courts. You can wait and see if the Board makes an award which is acceptable to you. If you wish to accept the award made by the Board, however, you must then agree to give up certain legal rights. If the Board’s award is not acceptable, you may simply reject it and proceed with any other legal claims which are available to you.


3. Who is entitled to apply for redress?

You should apply to the Board if you can answer “Yes” to all the following questions:

Were you resident in an industrial school, reformatory school, children’s home, special hospital or a similar institution at any time while you were under the age of 18?
Were you subjected to sexual, physical or emotional abuse or serious neglect while you were resident in that institution?
Have you suffered physical, psychiatric or other injury consistent with that abuse?

It is not necessary for a person to have been prosecuted or convicted of any criminal offence in connection with the abuse.

Please note that the Board may not be able to pay redress in the following circumstances:
You were not resident in the institution at the time of the abuse.
The institution in which you were resident is not listed in the Act.
The person who was abused died before 11 May 1999.
You have already received damages from a court or a settlement in respect of the abuse.
You are unable to satisfy the Board that you are entitled to redress under the terms of the Act.

4. How do I apply?

To apply for redress you must complete an official application form which is designed to give the Board as much as possible of the information it requires to deal with your application. Please click here for further information on the application procedure

Zoompad said...

WHY DIDNT STAFFORD POLICE AND STAFFORD SOCIAL SERVICES PUT ME IN TOUCH WITH THESE PEOPLE?

Zoompad said...

I already know the answer to that. I suppose it is a blessing that they didnt put me in touch with these people, as I would have been too fragile to deal with their trickery, they would probably have found it pretty easy to destroy me by a few threats and tricks.

The whole thing is simply disgusting. They make a show of helping us Pindown survivors, but its all a big show, and there is not a whit of decency and compassion, no sincere apology. Just whisk whisk whisk with the broom, sweep it all under the rug and stamp on it.

I want to know how many survivors of abuse have been bullied by these gagging acts.

Zoompad said...

Annual Reports

Annual Report 2009

Pursuant to the provisions of section 26(1) of the Residential Institutions Redress Act 2002 the Board has submitted an annual report of its activities and accounts for 2007 to the Minister of Education & Skills. This report is published in full below.

Click here to read "Annual Report 2009" in MS Word format. (619 KB)
(To Save this file right click and choose Save Target As...



Annual Report 2008

Pursuant to the provisions of section 26(1) of the Residential Institutions Redress Act 2002 the Board has submitted an annual report of its activities and accounts for 2008 to the Minister for Education and Science. This report is published in full below.

Click here to read "Annual Report 2008" in MS Word format. (828 KB)
(To Save this file right click and choose Save Target As...)


Annual Report 2007

Pursuant to the provisions of section 26(1) of the Residential Institutions Redress Act 2002 the Board has submitted an annual report of its activities and accounts for 2007 to the Minister for Education and Science. This report is published in full below.

Click here to read "Annual Report 2007" in MS Word format. (790 KB)
(To Save this file right click and choose Save Target As...)


Annual Report 2006

Pursuant to the provisions of section 26(1) of the Residential Institutions Redress Act 2002 the Board has submitted an annual report of its activities and accounts for 2006 to the Minister for Education and Science. This report is published in full below.

Click here to read "Annual Report 2006" in MS Word format. (1,106 KB)
(To Save this file right click and choose Save Target As...)


Annual Report 2005

Pursuant to the provisions of section 26(1) of the Residential Institutions Redress Act 2002 the Board has submitted an annual report of its activities and accounts for 2005 to the Minister for Education and Science. This report is published in full below.

Click here to read "Annual Report 2005" in MS Word format. (1,106 KB)
(To Save this file right click and choose Save Target As...)


Annual Report 2004

Pursuant to the provisions of section 26(1) of the Residential Institutions Redress Act 2002 the Board has submitted an annual report of its activities and accounts for 2004 to the Minister for Education and Science. This report is published in full below.

Click here to read "Annual Report 2004" in MS Word format. (548 KB)
(To Save this file right click and choose Save Target As...)


Annual Report 2003

Pursuant to the provisions of section 26(1) of the Residential Institutions Redress Act 2002 the Board has submitted an annual report of its activities and accounts for 2003 to the Minister for Education and Science. This report is published in full below.

Click here to read "Annual Report 2003" in MS Word format. (311 KB)
(To Save this file right click and choose Save Target As...)

Zoompad said...

the 31st December 2009.

Country of Residence Total Applications Received % of Total Applications Received
Ireland 8803 60.49%
Great Britain 4790 32.91%
Australia 309 2.12%
USA 307 2.11%
Northern Ireland 121 0.83%
Canada 96 0.66%
Spain 30 0.21%
New Zealand 21 0.14%
Germany 17 0.12%
The Netherlands 16 0.11%
France 8 0.05%
Sweden 6 0.04%
Denmark 5 0.03%
South Africa 4 0.03%
Channel Islands 3 0.02%
Belgium 2 0.01%
Italy 2 0.01%
Austria 1 0.01%
Finland 1 0.01%
Malta 1 0.01%
Morocco 1 0.01%
Nigeria 1 0.01%
Norway 1 0.01%
Portugal 1 0.01%
Republic of Panama 1 0.01%
Sri Lanka 1 0.01%
Thailand 1 0.01%
The Philippines 1 0.01%
United Arab Emirates (UAE) 1 0.01%
West Indies 1 0.01%
Zimbabwe 1 0.01%
Total 14554 100.00%

Ireland and Great Britain account for more than 93% of applications with Australia and the U.S.A. accounting for a further 4%.

Zoompad said...

I bet they quote these figures as the total people abused in care. Well, I have been battling 40 years for just a simple straightforward apology, and I have never heard of these people until this morning. I am a reasonably intellegent person, so how the hell do people with learning difficulties cope with all the obsticles put in front of abuse survivors, if they have managed to do this to me? I dread to think how many other abuse survivors there could be!

Zoompad said...

I didn't want compensation, I simply wanted an apology for what they did to me. For a start, I never wanted to give anyone an excuse to label me as a compensation vulture, as has been done. I did think that if I didnt try to prosecute the people who abused me noone would say such a horrible thing, but, as people can see on my blog, they have said it anyway!

But it looks like the only way I can get that apology that I crave for so much, that I know will help me heal inside, is to go for a compensation claim.

I will have that apology, if I have to turn these people upside down and squeeze it out of them.

Zoompad said...

Oh, now this is very interesting!

Mauritius 3


Spain 2


United Kingdom

Anonymous said...

Hi Zoompad, your post of 28 August 2011 01:57 where you ask "WHY DIDNT STAFFORD POLICE AND STAFFORD SOCIAL SERVICES PUT ME IN TOUCH WITH THESE PEOPLE?"

It could be because the Residential Institutions Redress Act 2002 is an Irish Act and only applies to the institutions in Ireland.

Zoompad said...

I am still wading through reading it, so maybe that is the case, but all the same, I think that it would have been nice if someone would have pointed out the existance of this to me. I have not had any help, I had to beg and grovel for councellingh, and when I got it it was abusive, because they deliberatly sent me to a place where I had been abused as a child for "therapy", it WAS deliberate, because I kepyt begging them to send me to another venue, and they said they couldn't, but after a panic attack which resulted in me being taken to hospital, following a councelling session at St Georges Psychiatric Hospital Stafford, where I had been placed and abused as a child, they did change the venue, and I had 8 sessions councelling with Emerge. But the man who conducted those sessions was trying to brainwash me into believing that my father was responsible for me being abused.
And then there was the 7 years being persecuted in the secret family courts, and those people all had access to my files, my SS and medical records, and a police statement when I ran away from home, to try to escape being abused (not by my father)
So you see, I have had a very raw time of it, but all the people on my case have seemed hell bent on covering up the abuse, wether it destroys me or not, it has been a horrible journey. Why didnt at least one of them tell me about this? And why have they kept all the Pindown survivors seperated from each other? I have found a few, but not through them, and one poor man is so depressed not just because of the origional abuse, but of the relentless and deliberate efforts these people have made to cover it all up!