Commission to Inquire into Child Abuse (Amendment) Act 2005

Amendment of Residential Institutions Redress Act 2002.

34

34.The Residential Institutions Redress Act 2002 is amended—

( a) in section 7, by deleting, in subsection (6), “who makes an application under this Act and”,

( b) in section 9, by inserting the following subsection after subsection (2):

“(2A) Where an award is made by the Board or the Review Committee but the applicant dies before deciding whether to accept or reject it or (in case the award is made by the Board) submit it to the Review Committee—

( a) if the applicant is survived by a spouse or a child of his or hers, he or she or (if there is more than one of them) such one of them as is determined by the Board may proceed with the matter as if he or she were the applicant, and

( b) if the applicant is survived by neither a spouse nor a child of his or hers, the applicant shall be deemed, for the purposes of this Act, to have accepted the award, and the Board shall direct that it be paid to the personal representatives of the applicant and that they shall treat it as if it has been paid to the applicant immediately prior to his or her death.”,

( c) in section 10—

(i) in subsection (11), by substituting “The Board may” for “The Board shall”,

(ii) in subsection (13), by substituting “may appear in person and may be represented by counsel” for “shall appear in person and may be represented by counsel”, and

(iii) in subsection (15), by substituting “may” for “shall”,

( d) in section 11—

(i) in subsection (1), by inserting “, if so requested by the Board,” before “prepare a report”, and

(ii) by substituting the following subsection for subsection (3):

“(3) ( a) The Board may establish a committee, to regulate, subject to the provisions of this Act, by standing orders or otherwise, the procedure and business of the Board.

( b) The members of the committee shall be appointed by the Board and shall consist of the chairman and three ordinary members of the Board.”,

( e) in section 13—

(i) in subsection (1), by substituting the following paragraph for paragraph (c):

“( c) any relevant report under section 10(12) or 11(11),”,

(ii) by inserting the following subsection after subsection (4):

“(4A) Where an applicant submits an award made to him or her by the Board to the Review Committee pursuant to subsection (4)( b), he or she may, not later than two weeks from the date of the submission, withdraw the award from the Review Committee by notifying it of his or her intention to do so and, if he or she withdraws the award as aforesaid, he or she shall be deemed, for the purposes of this Act, to have accepted it.”,

(iii) in subsection (8), by inserting after “Review Committee”, “, within one month from the date on which it was given,” and

(iv) by adding the following subsections:

“(14) Where the Board directs—

( a) under paragraph ( a) of subsection (8), that an award shall be paid to the applicant concerned in instalments, or

( b) under paragraph ( b) of that subsection, that an award shall be paid to the applicant concerned in instalments or that it shall be so paid in another manner (otherwise than in a single payment) that is appropriate having regard to the circumstances of the applicant and—

(i) the applicant does not submit the direction to the Review Committee, in accordance with subsection (8), for a review of the direction, or

(ii) under section 15(12), the Review Committee upholds the direction or directs the award be paid to the applicant concerned otherwise than in a single payment,

the High Court may, on application to it in that behalf in a summary manner by the Board, order that the amount of the award or (if part of the amount of the award has been paid to the applicant) the amount thereof then remaining be paid into the High Court and dealt with by it for the benefit of the applicant in accordance with the direction of the Board or, if appropriate, the Review Committee and with rules of court.

(15) Where funds are held in the High Court pursuant to subsection (14), that Court may, on application to it in that behalf in a summary manner by the applicant concerned, by order vary the terms upon which the funds are held in, or dealt with by, that Court, if it considers it appropriate, having regard to the circumstances of the applicant at the time of the application, to do so.”,

( f) in section 14, by inserting, in subsection (13), after “it”, “and any such division shall consist of at least a person to act as chairperson of the division (and that person may be a person other than the Review Committee Chairperson) and one other member of the Review Committee”,

( g) in section 21, by substituting “applicant” for “claimant”,

( h) in section 28, by inserting the following subsections after subsection (5):

“(5A) Nothing in subsection (1) operates to prohibit the production of a document prepared for the purposes or in contemplation of an application to the Board or a submission for a review by the Review Committee, or given in evidence in such application or review, to—

( a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or

( b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.

(5B) Nothing in subsection (1) operates to prohibit the giving of information or evidence provided or given to the Board or the Review Committee to—

( a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or

( b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.”,

( i) in section 34, by substituting “section 7(6) or 28(9)” for “sections 7(6) and 28(9)”, and

( j) in the Schedule— (i) by substituting “Glensilva, 95 Monkstown Road, Dun Laoghaire, Co. Dublin” for “Our Boy's Home, 95 Monkstown Road, Dun Laoghaire, Co. Dublin”,

(ii) by deleting—

(I) “St. Mary's Orthopaedic Hospital, Baldoyle, Dublin 13”, where those words firstly occur,

(II) “St. Mary's Orthopaedic Hospital, Cappagh, Dublin 11”,

(III) “St. Clare's Orphanage, Harold's Cross, Dublin 6”, where those words secondly occur,

(IV) “St. Joseph's Orphanage, Tivoli Road, Dun Laoghaire”, where those words secondly occur, and

(V) “St. Joseph's School for the Visually Handicapped, Drumcondra, Dublin 9”.