Residential Institutions Redress Act 2002

1 Interpretation.

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;

“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.

(3) An applicant who was resident in an institution and was transferred 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 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.

(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 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.

(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 Functions of Board.

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 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.

(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.

(b) A member of the Board may be removed from office by 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 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—

(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 inter-locutory matter.

8 Period for making applications.

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 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.

(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 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.

(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—

(a) orally, or

(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),

(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 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.

(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.