RESIDENTIAL INSTITUTIONS REDRESS ACT, 2002

Type Act
Publication 2002-04-10
Last updated 2025-07-15
State In force superseded text
Text As published
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articles 39

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

16 amending acts · 2025-07-15, SUPPORTS FOR SURVIVORS OF RESIDENTIAL INSTITUTIONAL ABUSE ACT 2025

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

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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 Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“abuse”, in relation to a child, means—

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;

“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—

“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 Establishment day.

2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

3 Establishment of Board.

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.

4 Additional Institution.

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 Functions of Board.

5.—(1) The Board shall—

6 Membership of Board.

6.—(1) The Board shall consist of a chairperson (the “Chairperson”) and such number of ordinary members as the Minister may determine.

7 Entitlement to award.

7.—(1) Where a person who makes an application (an “applicant”) for an award to the Board establishes to the satisfaction of the Board—

the Board shall make an award to that person in accordance with section 13(1).

8 Period for making applications.

8.—(1) An applicant shall make an application to the Board within 3 years of the establishment day.

9 Deceased applicants.

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.

10 Hearing of application.

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.

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 Supplemental provisions to section 10.

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.

and

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.

12 Settlement of applications.

12.—The Minister may make arrangements to provide for the settlement of an application to the Board.

13 Award of Board.

13.—(1) The Board shall, when determining an award, have regard to—

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).

within one month, or such greater period as may be prescribed, from the date of receiving notice of the award.

and the applicant may submit a direction under paragraph (b) to the Review Committee for a review of that direction.

whichever of such dates is the later, in bar of any right of recovery under such proceedings.

14 Establishment of Review Committee.

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.

15 Decision of Review Committee.

15.—(1) The Review Committee shall review—

and shall notify the Board and the applicant of its decision as soon as practicable.

16 Assessment of Injuries Report.

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—

the Minister shall cause the report to be published as soon as practicable.

17 Assessment of injuries regulations.

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.

18 Privilege.

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.

19 Admissibility of certain evidence.

19.—A statement or admission made by a person—

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 Evidence on oath.

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.

21 Advice on financial management of award.

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.

22 Income and award.

22.—(1) For the purposes of the Income Tax Acts, and notwithstanding any provision of those Acts to the contrary—

23 Special account.

23.—(1) There shall be set up on the establishment day a special account, to be funded from—

24 Indemnity and contribution.

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 Lodgement of money.

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 Report of Board.

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.

27 Taxation of costs.

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.

for the purpose of ensuring that a payment for an item of such expenses or costs is not made more than once.

28 Prohibition on disclosure of information.

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.

shall not constitute Departmental records within the meaning of section 2(2) of the National Archives Act, 1986.

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).

29 Staff.

29.—(1) In this section a “relevant body” means the Board or the Review Committee as the case may be.

30 Restriction of Data Protection Act, 1988.

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 Application of Freedom of Information Act, 1997 to certain records.

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.

32 Amendment of Act of 2000.

32.—The Act of 2000 is amended by—

“Miscellaneous costs and expenses. 20.—(1) The Minister may, with the consent of 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 representation and costs and expenses. 20A.—(1) The Investigation Committee may 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 (b) incurred by the Investigation Committee, 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

“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.”.

33 Regulations.

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—

34 Penalties.

34.—A person who is guilty of an offence under sections 7(6) and 28(9) shall be liable—

35 Criminal records.

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 Power to remove difficulties.

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 be 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.

37 Laying of regulations.

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 Expenses.

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 Short title.

39.—This Act may be cited as the Residential Institutions Redress Act, 2002.

SCHEDULE

An Grianán 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

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

St. Mary's Orthopaedic Hospital, Cappagh, Finglas, Dublin 11

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

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