McDowell defends deal with religious orders

The Minister for Justice, Mr McDowell, has defended the controversial deal between the State and the religious orders on compensation…

The Minister for Justice, Mr McDowell, has defended the controversial deal between the State and the religious orders on compensation claims from victims of childhood abuse.

Speaking on Newstalk 106's Lunchtime with Damien Kiberd programme, Mr McDowell said that he had been involved in the discussion stage of the deal while he was Attorney General.

"The Attorney General was involved in discussions of legal principles and all the implications involved," he said.

"The State caused the children to be lodged there," Mr McDowell said.

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The State, the abusers and religious orders were cited together as multiple parties responsible, but the State had been "derelict in its duty", he said.

He denied that the deal capped the liability of the 18 religious institutions and said that a system had to be put in place whereby the religious orders would not be held doubly liable.

Under the deal with the State - signed in June 2002 - 18 religious orders agreed to pay a total of €128 million, in cash and property, to the State Redress Scheme for people who had suffered abuse while in residential institutions run by the religious. In return, the Government agreed to indemnify the orders against claims arising from child abuse. This meant that victims who accepted compensation under the scheme forfeited a right to sue the orders separately.

"The State Redress Scheme won't need strict proof, adversarial justice or courtroom procedures.

"That's the way civil liability works", he said. Compensation figures of between €250 million and €500 million were estimated.

The Minister defended Garda raids on immigrants: "The Garda have to implement deportation orders . . . We have to have a system to enforce regulations, but there is no question of 'Fortress Ireland'."

Legislation was being put through the Dáil to list certain countries from which Ireland would "not accept asylum applicants on the same basis as from other countries", he said.

"Applicants from the EU, USA, Australia, New Zealand, Switzerland will be listed, countries where most Irish people would say that state persecution is fanciful."

When asked if Ireland was seen as a "soft touch" by asylum-seekers, Mr McDowell said that the Irish system was "not one seen as harsh".