Redress for Women Resident in Certain Institutions Act 2015

An Act to make provision for the making available without charge of certain health services to certain women who were admitted to and worked in certain institutions; to provide that those women shall not be required to pay charges for acute in-patient services and, for those purposes, to amend the Health Act 1970; to amend the Nursing Homes Support Scheme Act 2009; and to provide for related matters.

[18 th March, 2015]

Be it enacted by the Oireachtas as follows:

1. Definitions

1. In this Act—

“Act of 1970” means the Health Act 1970;

F1[‘Addendum’ means the ‘Addendum to the terms of Magdalen Restorative Justice Ex Gratia Scheme in respect of women who worked in the laundries in the 12 ‘Magdalen’ institutions and who were resident in one of the 14 adjoining institutions’ dated November 2018;]

“Minister” means the Minister for Justice and Equality;

“registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007;

“registered nurse” has the same meaning as it has in the Nurses and Midwives Act 2011;

“relevant institution” means an institution specified in the Schedule;

F2[‘Scheme’ means the scheme for the time being administered by the Minister, made by the Government in December 2013, and the terms of which include those set out in the Addendum, providing for—

• (a) the making of ex-gratia payments to women who were admitted to and worked in a relevant institution, and

• (b) the making of ex-gratia payments to women in accordance with the terms set out in the Addendum.]

2. Provision of health services without charge to relevant participants

2. (1) The Health Service Executive shall make available without charge to relevant participants—

• (a) a general practitioner medical and surgical service,

• (b) drugs, medicines and medical and surgical appliances for the time being on the Reimbursement List within the meaning of the Health (Pricing and Supply of Medical Goods) Act 2013,

• (c) the nursing service specified in section 60 of the Act of 1970,

• (d) the home help service specified in section 61 of the Act of 1970, following an assessment of needs made by a registered medical practitioner or a registered nurse that the service is so required,

• (e) the dental, ophthalmic and aural services specified in section 67 of the Act of 1970,

• (f) a counselling service, following a referral made in that regard by a registered medical practitioner, relative to a relevant participant’s admission to and work in any of the institutions specified in the F3[Schedule, or, where the determination of eligibility concerned was made under the terms set out in the Addendum, the residence and work in relation to which that determination was made],

• (g) a chiropody service, following a referral made in that regard by a registered medical practitioner or registered nurse, and

• (h) a physiotherapy service, following a referral made in that regard by a registered medical practitioner.

• (2) In this section “relevant participant” means, in relation to the Scheme, a woman—

• (a) in respect of whom a determination has been made by the Minister that she is eligible under the Scheme, and

• (b) who has accepted, in accordance with the Scheme, a formal offer made to her under that Scheme.

3. Amendment of section 53C of Act of 1970

3. Subsection (9) of section 53C (inserted by section 12 of the Health (Amendment) Act 2013) of the Act of 1970 is amended—

• (a) in paragraph (g), by the substitution of “blood transfusion,” for “blood transfusion.”, and

• (b) by the insertion of the following paragraph after paragraph (g):

• “(h) a relevant participant (within the meaning of section 2 of the Redress for Women Resident in Certain Institutions Act 2015).”.

4. Amendment of Part 3 of Schedule 1 to Nursing Homes Support Scheme Act 2009

4. Part 3 of Schedule 1 to the Nursing Homes Support Scheme Act 2009 is amended—

• (a) in paragraph 1, by the insertion of the following definition:

“ ‘relevant payment’ means, in relation to a person, a payment or payments made to the person under the Scheme, made by the Government in December 2013 and for the time being administered by the Minister for Justice and Equality, providing for the making of ex-gratia payments to women who were admitted to and worked in a relevant institution within the meaning of the Redress for Women Resident in Certain Institutions Act 2015, and includes any benefit provided under that Scheme;”

and

• (b) the insertion of the following paragraphs after paragraph 11:

“12. For the purposes of carrying out a financial assessment under Part 1 or 1A of a person who is not a member of a couple, any relevant payment made to the person shall be disregarded.

1. For the purposes of carrying out a financial assessment under Part 2 or 2A of a person who is a member of a couple, any relevant payment made to such person or the other member of the couple, shall be disregarded.”.

5. Expenses

5. The expenses incurred by the Minister or the Minister for Health in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

6. Short title and commencement

6. (1) This Act may be cited as the Redress for Women Resident in Certain Institutions Act 2015.

• (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

SCHEDULE Relevant Institutions

Section 1

• (a) St. Mary’s Cork Road, Waterford,

• (b) St. Mary’s New Ross, Wexford,

• (c) St. Mary’s Pennywell Road, Limerick,

• (d) St. Mary’s Sunday’s Well, Cork.

• (a) St. Mary’s Refuge, High Park, Grace Park Road, Drumcondra, Dublin 9,

• (b) Monastery of Our Lady of Charity, Sean McDermott Street (formerly Gloucester Street), Dublin 1.

• (a) Magdalen Home (formerly Magdalen Asylum), 47 Forster Street, Galway,

• (b) St. Patrick’s Refuge, Crofton Road, Dun Laoghaire, Co. Dublin.

• (a) St. Mary Magdalen’s, Floraville Road, Donnybrook, Dublin 4,

• (b) St. Vincent’s, St. Mary’s Road, Peacock Lane, Cork.