A Bill setting up a board to compensate the victims of abuse in institutions has been published by the Department of Education and Science.
This comes two years after the Taoiseach apologised to victims of physical and sexual abuse in reformatories and industrial schools for which the State had responsibility. The apology, on May 9th, 1999, followed the broadcast of a television series describing the abuse.
The Bill provides for the setting up of a Residential Institutions Redress Board which will pay compensation without court appearances.
The award will be based on a medical and psychiatric evaluation of the applicant. There is no provision for other considerations, such as loss of earnings or earning potential due to the abuse.
Applicants will not be eligible if they have already received an award from a court arising out of the same set of circumstances. If they accept an award from the board they will have to sign a waiver of any actions against the State or any public body. Awards may be appealed to a review committee.
The costs of the applicants will be paid by the State, and they will be able to have legal representation at their board hearing. The hearings will be as informal as possible.
Applications will have to be made within three years of the establishment of the board but the board will be able to extend this period in exceptional circumstances.
One of the most controversial aspects of the Bill is likely to be the fact that the awards will be based, not on the criteria used by the courts, but on regulations to be drawn up by the Minister for Education and Science.
There will also be concern that people abused in non-residential institutions, such as hospitals and schools, will not be eligible for compensation. A number of people have been convicted of abusing children in schools.
The chairman of the Bishops' Commission on Child Abuse, Dr Eamonn Walsh, said he thought that children who were abused in schools should be included in the terms of the Bill. He said he had written to the Taoiseach on May 23rd about this.