Redress for Women Resident in Certain Institutions Act 2015


Number 8 of 2015


REDRESS FOR WOMEN RESIDENT IN CERTAIN INSTITUTIONS ACT 2015

REVISED

Updated to 14 October 2020


This Revised Act is an administrative consolidation of the Redress for Women Resident in Certain Institutions Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, and all statutory instruments up to and including the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 8 of 2015


REDRESS FOR WOMEN RESIDENT IN CERTAIN INSTITUTIONS ACT 2015

REVISED

Updated to 14 October 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Redress for Women Resident in Certain Institutions (Amendment) Act 2019 (26/2019)

All Acts up to and including Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

Health Act 1970 (Section 58A(8)) (Classes of Payments) Regulations 2019 (S.I. No. 416 of 2019)

Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019)

Health (Out-Patient Charges) Regulations 2017 (S.I. No. 548 of 2017)

Redress for Women Resident in Certain Institutions Act 2015 (Commencement) Order 2017 (S.I. No. 541 of 2017)

Health Act 1970 (Section 58A(8)) (Classes of Payments) Regulations 2015 (S.I. No. 278 of 2015)

Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2015 (S.I. No. 277 of 2015)

Redress for Women Resident in Certain Institutions Act 2015 (Commencement) Order 2015 (S.I. No. 235 of 2015)

All statutory instruments up to and including Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this revision.


Number 8 of 2015


REDRESS FOR WOMEN RESIDENT IN CERTAIN INSTITUTIONS ACT 2015

REVISED

Updated to 14 October 2020




Number 8 of 2015


REDRESS FOR WOMEN RESIDENT IN CERTAIN INSTITUTIONS ACT 2015

REVISED

Updated to 14 October 2020


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:

Annotations

Modifications etc. (not altering text):

C1

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

Redress for Women Resident in Certain Institutions Act 2015 (No. 8 of 2015)

Editorial Notes:

E1

Provision for payments under Scheme established by Act to be disregarded in the calculation of gross income for eligibility for health services under Health Act 1970 (1/1970), s. 58A made (2.08.2019) by Health Act 1970 (Section 58A(8)) (Classes of Payments) Regulations 2019 (S.I. No. 416 of 2019), reg. 2.

E2

Provision for payments under Scheme established by Act to be disregarded in the calculation of gross income for eligibility for health services under Health Act 1970 (1/1970), ss. 45A and 45(5A) made (2.08.2019) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019), reg. 2.

E3

Provision for exemption from out-patient services for relevant participants under Act made (30.11.2017) by Health (Out-Patient Charges) Regulations 2017 (S.I. No. 548 of 2017), reg. 3(k), in effect as per reg. 1(2).

E4

Previous affecting provision: provision for payments under Scheme established by Act to be disregarded in the calculation of gross income for eligibility for health services under Health Act 1970 (1/1970), s. 58A made (1.07.2015) by Health Act 1970 (Section 58A(8)) (Classes of Payments) Regulations 2015 (S.I. No. 278 of 2015), reg. 2, in effect as per reg. 1(2); revoked (2.08.2019) by Health Act 1970 (Section 58A(8)) (Classes of Payments) Regulations 2019 (S.I. No. 416 of 2019), reg. 3.

E5

Previous affecting provision: provision for payments under Scheme established by Act to be disregarded in the calculation of gross income for eligibility for health services under Health Act 1970 (1/1970), ss. 45A and 45(5A) made (1.07.2015) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2015 (S.I. No. 277 of 2015), reg. 2; revoked (2.08.2019) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019), reg. 3.

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.]

Annotations

Amendments:

F1

Inserted (31.07.2019) by Redress for Women Resident in Certain Institutions (Amendment) Act 2019 (26/2019), s. 2(a), S.I. No. 398 of 2019.

F2

Substituted (31.07.2019) by Redress for Women Resident in Certain Institutions (Amendment) Act 2019 (26/2019), s. 2(b), S.I. No. 398 of 2019.

Modifications (not altering text):

C2

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

Redress for Women Resident in Certain Institutions Act 2015 (No. 8 of 2015)

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.

Annotations

Amendments:

F3

Substituted (31.07.2019) by Redress for Women Resident in Certain Institutions (Amendment) Act 2019 (26/2019), s. 3, S.I. No. 398 of 2019.

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.

13. 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.

Annotations

Editorial Notes:

E6

Power pursuant to subs. (2) exercised (30.11.2017) by Redress for Women Resident in Certain Institutions Act 2015 (Commencement) Order 2017 (S.I. No. 541 of 2017).

2. The 30th day of November 2017 is appointed as the day on which the Redress for Women Resident in Certain Institutions Act 2015 (No. 8 of 2015), insofar as it is not in operation, shall come into operation.

E7

Power pursuant to section exercised (1.07.2015) by Redress for Women Resident in Certain Institutions Act 2015 (Commencement) Order 2015 (S.I. No. 235 of 2015).

2. The 1st day of July 2015 is appointed as the day on which the Redress for Women Resident in Certain Institutions Act 2015 (No. 8 of 2015), other than section 3, shall come into operation.

SCHEDULE

Relevant Institutions

Section 1

1. The Magdalen Laundries operated by the Good Shepherd Sisters at—

(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.

2. The Magdalen Laundries operated by the Sisters of Our Lady of Charity at—

(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.

3. The Magdalen Laundries operated by the Sisters of Mercy at—

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

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

4. The Magdalen Laundries operated by the Sisters of Charity at—

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

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

5. The laundry operated by the Sisters of Charity in the Training School of St. Mary’s Training Centre, Stanhope Street, Dublin 7.

6. The laundry operated by the Sisters of Mercy in the Training School of the House of Mercy Training School, Summerhill, Wexford.