The Irish Redress Board.

---

By Peter Garsden, solicitor, Abney Garsden McDonald, Cheadle Hulme.

So acute is the problem of child abuse in Ireland (Eire) that their court system cannot cope with all the cases. Thus they had to find a suitable alternative. They examined all the similar systems around the world and came up with the Redress Board which can only be described as a non-fault, quantum only, limitation waived, compensation assessment body with generous compensation scales with the added benefit of paying the legal costs of any claimant solicitors in addition to compensation.

Fortunately the Irish Government is 100% behind the right of survivors to be compensated by the very system, which abused them. Although many religious congregations ran the care institutions the government has negotiated hard to obtain a contribution to the costs of the Redress Board in the sum of £128 million from the congregations and the Catholic Church. In the past the Government very much worked in partnership with the Catholic Church to run the education and care system. It was more common than not in the past to be educated or cared for in Ireland by Nuns or priests. The political consequences of an abuse scandal are different in Ireland than in England.

The history of the care system in Ireland from about 1920 to 1970 reads a bit like a Dickens novel. The homes (called Industrial schools and Reformatories), which catered for poor and destitute children, were run by religious congregations but were inadequately funded by government. They were neglected and allowed to exist in abject poverty. Efforts were made by the congregations to raise extra funds by making the children work, selling the produce and giving them inadequate food rations. There was a complete lack of inspections, standards, and one forms the view that the institutions were simply allowed to drift aimlessly. Cruelty, neglect, abuse and inadequate education were commonplace. In 1970 the whole system was condemned (although no sexual abuse noted) in a report prepared by District Justice Eileen Kennedy. As a result a lot of the reformatories and industrial schools were closed down. It took until the late 1990's however for the scandal to leak out into the press and television, leading eventually to an apology being given in public by the Taoiseach, Mr Bertie Ahern in May 1999. There followed the setting up of a Commission to hear evidence from any survivor who wanted to tell his or her story of abuse. The evidence is still being heard and a report is expected in about 5 years time.

The Redress Board, which is based in Dublin, will start entertaining applications on a form yet to be published accompanied by a statement from the survivor in around Autumn 2002. The rules are :-

1. One has 3 years to put in an application from date of the setting up of the board.

2. In order to obtain compensation one has to provide

(a) Proof of identity

(b) Proof that one was resident in the institution(s).

(c) Evidence of abuse while one was in the institution(s).

(d) Evidence of the injury received because of the abuse.

3. The Institution where the abuse took place must be included on the Schedule to the Redress Institutions Redress Act 2002. The list however is not exclusive and the Board will entertain applications to include new institutions on the Schedule. The key to inclusion is some involvement by the government in the running of the institution, if only by way of inspectorial responsibility. Independent privately run institutions are not included. One would in these rare cases have to proceed through the Irish courts.

4. Compensation is assessed using weighting factors and a scoring system (see below).

5. One can claim aggravated damages to a maximum of 20% of the compensation sum awarded if the circumstances justify it. To quote " recognition of the added hurt or insult to a plaintiff who has been wronged, and in part also a recognition of the cavalier or outrageous conduct of the defendant" Conway v Irish National Teachers' Organisation [1991] 2 IR 305.

6. Special Damages are payable in addition in the normal way - for example therapy costs, extra education etc. The Irish government however has set up free counselling for Irish Survivors residing in Britain through a nationwide network. Free support on any other types of need such as housing education, alcohol addiction etc is provided by a network of special Outreach workers connected to the Irish centres.

7.The survivor is encouraged to use solicitors to assist them with their application. The case is prepared in the same way as a civil claim. One is expected to obtain a psychiatric report, prepare a statement of evidence etc.

8.The board recognises that many survivors will not be satisfied simply by an award of compensation but will probably want to have their say, tell their story and "have their day in court". I must say that this shows remarkable insight and empathy. Accordingly the survivor will need a solicitor to assist them at the hearing. It is expected that hearings for Irish survivors residing in this country will be held here at one or two centres around the country and that the board members will travel from Ireland to hear the applications. Hearings will also be held in Ireland of course.

9.In certain cases an emergency interim payment of €10,000 can be made. This provision was included because it is recognised that some applicants are so elderly and/or ill that they may not survive the full application.

10. Applications can be made by the personal representatives of a deceased survivor where appropriate proof can be found, or where the applicant dies before the award is made.

11. It is possible to appeal against an award where one disagrees with the decision made within 28 days of the making of the award.

12. In rare circumstances where an allegation of abuse is made against an individual the Board can require the abuser to attend to give evidence and deny the allegation if he/she wishes.

13. The Board will pay reasonable legal costs and disbursements to the survivor's solicitor in addition to the award. These will be taxed by the High Court in Ireland in default of agreement. One presumes that disbursements will be paid as and when they are incurred, but this has not been confirmed. Reports of course are not cheap