Questions & Answers

Sally Mulready , Secretary of Federation Of Irish Societies,  answers questions about the new Residential Institutions Redress Act signed by the President of Ireland, Mary McAleese on April 10th 2002.

Q: What is the Residential Institutions Redress Act 2001?

A: An Act, designed to compensate people, who as children, were  resident in certain institutions in the Irish State, and who, as children, suffered abuse whilst resident in these institutions.

Q: How is abuse defined? Can you explain in plain English that can be understood by all concerned?

A: The Act defines abuse in the following terms:

a. Willful, reckless or neglectful infliction of physical injury, or the failure to prevent injury to the child.

b. Sexual abuse, by which they mean the use of a child by another person for sexual purposes.

c.  A failure to care for the child which results in a child failing in physical and mental health 

Q: What is the Act's definition of a child?

A: A child for the purposes of the Act means a person, who has not attained the age of 18.

Q: Can I obtain a list of all the institutions that are included?

A:  A list of  the institutions  is  included in the Schedule attached to the Act. As soon as the Redress Board is set up , copies will be available from all the Outreach Services listed at the end of the Questions and Answers .

Q: Are those who were as children resident in an orthopaedic hospital now included? 

A: Where the State had a primary responsibility, yes, they are included.

Q. I was transferred to a laundry from an institution when I was fifteen to work in the laundry. Am I included?

A. If ,as a child you were resident in an institution and, as a child were transferred from that institution to another place, which carried on the business of a laundry, and suffered abuse while resident in the laundry, you are included in the Act.

Q: Some orphanages are not included. Why is that?

A: Those outside the Act are orphanages that were privately and exclusively run by religious orders or others, where all of its funding came via payments by relatives, charitable donations or other private means.

However, the institutions presently excluded are still being looked at, because information held in some instances is very inadequate. Additionally, the Minister has been given the power to insert any industrial, reformatory or orphanage, or special school, if its is found that the State had an inspection function or regulatory obligation at these institutions.

Q: What will the Redress Board be responsible for ?

A: The Redress Board is responsible for;

(a) Ensuring that every effort is made, through public advertisements, and by responding to direct enquiries, that people resident in the institutions are made aware of the compensation scheme.

(b) The Board makes awards, which are fair and reasonable, having regard for the special circumstances of each applicant.

(c) The Board will take account of the age and state of health of applicants when deciding the order in which applications are heard.

(d) The Board, will as far as it is practicable, hear applications as informally as  possible.

Q: Who will appoint the members of Redress Board?

A: The members of the Board will be appointed by the Minister for Education & Science .

Q: Will there be experts on this Redress Board who understand what survivors have been through?

A: The Redress Board will appoint medical, legal counsel and other experts as advisers, to advise and offer expertise to the Board on a range of relevant issues connected with abuse and its affects.

Q: Is there a time limited in which to get my application into the Redress Board?

A: The Board opened on 16th December 2002. The time limit is therefore three years in which to make your application ie on or before 16th December 2005, but the Board in exceptional circumstances can extend the time.

Q: I am 77 years old, and in failing health? If I qualify, and I die before my case is heard, what will happen to my claim?

A: Your application will still be dealt with, in the following manner:

(a) Where a person would have qualified, and did not receive a settlement, the children or spouse of that person may make an application on his/her behalf.

(b) Where an application has been made, and the Board has not made a decision, the spouse or children may carry on with the application. The Board will rely on the oral evidence of the spouse or children.

Q: I have heard that an Interim Award 10,000 Euros will be granted in advance of a full hearing . Is this true?

A: Yes, In some situations an interim award can be granted. Based on a preliminary examination of an application, the Board satisfied itself that an applicant is entitled to an award, the Board has the discretion to:

(a) Make an interim award of no more then 10,000 Euros, having regard to the age and state of health of the person making the application. It is likely to be awarded to elderly people and those in seriously failing health.

(b) It is not automatic and it is not presently proposed to provide an interim award to every applicant.

Q: Will the hearing of my application be  held in private?

A: Yes, the hearings will be in private. It is intended that they will be as informal as possible. It is not a Court hearing, nor is it intended to reflect a typical court setting.

Q: Are there situations in which the Board could inform or request the appearance of those I am accusing or their representatives?

A: It is unlikely in most instances, but it is important to ensure your solicitor tells you , if that is likely to happen. You would be advised to seek further clarification about when that might happen.

However, if you make an allegation against an individual or institution, then the Redress Board must inform the accused, who may either themselves or through their legal representatives, wish to respond to your allegations. It will be a decision of the Redress Board as to whether the accused or their legal representative will be allowed to directly ask you questions.

Q: What evidence will I need to bring before the Board?

A: You will be required to produce the following, but you should also check with your solicitor to ensure you are bringing relevant material:

(a) Proof of your identity

(b) Proof that you were resident in the institutions you said you were.

(c) Evidence of abuse while you were in the institutions.

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

If there are no official records of your time in the institution the Board can discuss other areas of proof with your solicitor.

You can provide evidence of (c) and (d) either orally or in writing, with any other supporting documentary evidence, if you have it.

Q: What safeguards are there against people who might make a false claim?

A: A person, who knowingly gives false information to the Board or the Review Committee, will be treated the same as someone found guilty before a court of perjury and face similar penalties.

Q: I have had mixed advice about using a solicitor. . Some tell me I have to have a solicitor dealing with my applications. Others tell me I have a choice. I would like a solicitor, but I am worried that I may incur legal fees. What do you advise?

A: Firstly you are strongly advised to use a solicitor to help you process your application. You may choose a solicitor based here in Britain or in Ireland. However, you are not legally compelled to have a solicitor - it is just sensible to do so. In relation to your application to the Redress Board, you should be aware of the following information:-

(a) Your solicitor's costs in connection with your application will be paid for by the State.

(b) Medical expenses incurred by an applicant, relating to treatment you have received for the injury you refer to in your application will be paid for.

(c) Any other relevant expenses incurred in making this application will be paid for

When you receive your award, each payment in connection with your claim will be itemized. You will know your solicitors total costs-which will be separately listed.

Q: My solicitor has asked me to sign an agreement to deduct  up to 15%  from my compensation , in addition to the fees he will receive from  the  State (Irish). I am not sure I should sign?

This is a question that has come up several times. As a general rule, you should not sign any document unless you are absolutely sure you understand what commitment you are making.  We are seeking urgent clarification from the Dept of Education& Science. 

We need to know what the rights of survivors applying for compensation are, in respect of solicitor's requests for a signed agreement in advance of receiving the compensation. Further details will be published as we receive them.

Q: What happens if you have already been to court and lost your case? Can you now go to the Redress Board?

If you have had a hearing of your case and a decision from the courts in connection with the abuse you experienced in the institution and your case was lost, you cannot now go to the Redress Board.

Q: I have been to court and I received a paltry settlement, which left me very unhappy and dissatisfied. Can I now go to the Redress Board to get satisfaction?

A: Sadly, No. Once there has been a determination of your case in a court, win or loose, the Redress Board cannot accept your application.

Q: I ran out of time and the courts did not give me a hearing. My case was thrown out on a technicality. Have I a right to go to the Redress Board -given that I did not have a full hearing of my case?

A. Yes, you may make an application to the Redress Board, where your court case has already been thrown out due to a technicality, i.e. due to lapse of time, or if a case was not pursued by the Director of Public Prosecutions.

Q: If I am not happy with the award offered by the Redress Board , can I appeal?

A: Yes, you can appeal to a Review Committee , who will look again at your claim and the award offered. They may recommend an increase or that the amount offered by the Redress Board remains the same.

Q: If I am still not satisfied after it goes to a review committee can I still go to Court?

A: Yes, but you need to be careful. Take good advice from your solicitor.

You will not receive an award from both bodies. You can only receive an award from the Redress Board or the Court if you win your case

You still have the right to go to court, but if you end up with a similar or smaller award, you could run into costs that you might be obliged to pay. Do take advice and remember that the awards via the Redress Board are intended to reflect high court awards for similar injuries. Also seek advice about how long a court action might take.

Q: How long do I have to consider the award offered by the Redress Board?

A: You will have one month - though in exceptional circumstances the Board can extend this period.

Q: How will I be paid?

A. It is likely that you will come to an arrangement on payment between you, the Board and your solicitor. In most instances this will be a straightforward transaction, between you, your solicitor and the Board. However, the Board will have the power and will take a judgement in situations where the Board believes that payment by instalments would be in the best interests of the applicant. This arrangement is likely to try to be reached by consent of both parties and is not intended to be punitive.

Q: My Bank  have offered me a loan  to be repaid, with interest , when I receive the money. Do you think I should accept?  What is the risk ?

A:  The risk is that you may not qualify for compensation and end up with a bank loan you cannot repay.  There is no absolute guarantee you will be compensated. It would be very unwise to take out a loan in advance of any definite offer of compensation. However, the decision is yours, you should take advice from your solicitor or a reliable financial advisor. 

Q: I have been told I can obtain free counselling, which my family have encouraged me to accept. Where can I go?

A: Yes, as a survivor, you can obtain counselling, and you can choose your own counsellor, providing he /she has the appropriate credentials.

You can also ring Immigrant Counselling Services and Psychotherapy (ICAP) who have a team of counsellors, who have been contracted by the Dept of Community & Family Affairs (Health) to offer culturally sensitive counselling to survivors. Tel ; 0207 272 7906

Q: I  am a survivor and I have many questions to ask , not just about the Redress Act, but others issues as well. Where can I get help and advice?

A. There are five Survivors Outreach Advice Workers , who can be contacted on the following telephone numbers;

London Irish Centre:   Rob Connor or Phyllis Morgan  Tel 0207 916 7300

Coventry Irish Society:   Kevin Murphy  Tel 02476 25 7943

Sheffield Irish Forum:    Eileen Burn Tel 0114 221 0481

Manchester Community Care:   Robyn  Bailey  Tel  0161 205 - 9105

Harringay Irish Centre: - John O Donovan   Tel 0208 885 3490 

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