Regarding Deputy Funchion's point, it was always understood even when I announced the pre-legislative process that the scheme would run for a limited period and would have a five-year duration. That is provided for within the legislation. Regarding Deputy Sherlock's question on engagements by elected representatives, specific representations from Deputies or Senators will be dealt with in the context of the scheme. Members will be able to make representations to the office. Issues to do with privacy must be taken i…

I move amendment No. 5: In page 6, between lines 14 and 15, to insert the following: “ “enactment” has the same meaning as it has in the Interpretation Act 2005;”.

I move amendment No. 7: In page 7, line 26, to delete “the institution.”. Amendments Nos. 7, 8, 10, 42 and 45 are all technical amendments to take account of presentation issues or errors which were identified following the publication of the Bill or to take account of cross-referencing amendments necessary as a consequence of other amendments to the Bill. Amendments Nos. 7 and 8 address an error in the layout of the existing section 22. The words "the institution" in paragraph (b) of that subsection should be on a…

I move amendment No. 8: In page 7, between lines 26 and 27, to insert the following: “the institution.”.

I am not in a position to accept the amendment. We had some discussion of this on Committee Stage. The Bill provides for the establishment of the office of the chief deciding officer of the mother and baby institution payment scheme within my Department. That office will be overseen by a chief deciding officer who will perform the functions set out under section 9 of the Bill. In reference to Deputy Connolly's point, section 9 provides that the chief deciding officer will be independent in the performance of these …

What is being proposed here is not similar to Caranua. The legal structures are different. It is really important that we put this on the record at the outset. The independence of the decision-making on each of these applications as they come in, which is the central role for the chief deciding officer, is protected in legislation. The decisions of the chief deciding officer can be appealed to an independent appeals panel and those decisions can go to the High Court on a point of law. The protections that Deputy Co…

I move amendment No. 10: In page 9, line 26, to delete “ section 20 ” and substitute “ section 25 ,”.

I am bringing forward amendment No. 12 in response to amendment No. 11, which was also proposed on Committee Stage. It sought to specify that the chief deciding officer should hold the public information campaign to raise awareness of the scheme abroad as well as in Ireland. While it has always been the intention that the campaign would promote awareness outside of Ireland, the section is being amended so that intention is now explicitly stated. We are just raising it in a slightly different way from the amendment …

I move amendment No. 12: In page 9, line 36, to delete “relevant persons,” and substitute “relevant persons (including relevant persons residing outside the State),”.

I move amendment No. 15: In page 11, between lines 20 and 21, to insert the following: “Dissolution day 13. The Minister shall by order appoint a day, being a day that is not earlier than the cessation date, to be the dissolution day for the purposes of this Act.”.

The determination letter will provide applicants with detailed information about how a decision was arrived at. It will also let applicants know they may request a copy of this information, as some applicants may want that information and some may not. There is a separate process whereby an applicant can request their information by way of a subject access request. We did not want to establish a parallel system to this, particularly where people already have their records. Equally, records may not be available in e…

I move amendment No. 16: In page 11, between lines 20 and 21, to insert the following: “Transfer of functions to relevant Minister 14. On the dissolution day, all functions that immediately before that day were vested in the Chief Deciding Officer shall stand transferred to the Minister.”.

I move amendment No. 17: In page 11, between lines 20 and 21, to insert the following: “Liability for loss occurring before dissolution day 15. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the dissolution day, of a function of the Chief Deciding Officer transferred by section 14 shall, on and after that day, lie against the Minister and not against the Chief Deciding Officer. (2) Any legal proceedings pending immediately before the d…

I move amendment No. 18: In page 11, between lines 20 and 21, to insert the following: “Provisions consequent upon transfer of functions 16. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Chief Deciding Officer may, in so far as it relates to a function of the Chief Deciding Officer transferred to the Minister under section 14 , be carried on or completed on or after the dissolution day by the Minister. (2) Every instrument made under an enactment and every docu…

I move amendment No. 19: In page 11, between lines 20 and 21, to insert the following: “Deposit with Minister of records in possession of Chief Deciding Officer 17. All records in the possession of the Chief Deciding Officer shall, on the dissolution day or as soon as possible after that day, be deposited with the Minister and, in so far as the records comprise personal data and special categories of personal data, those records— (a) shall be Departmental records (within the meaning of section 2(2) of the National …

I move amendment No. 24: In page 12, to delete lines 14 to 18. In committee proceedings, I outlined my intention to bring a Report Stage amendment to section 13(6). The published Bill contains a provision in regard to double recovery and the residential institutions redress scheme, RIRS. The provision specifically relates to the inclusion of one institution, St. Patrick's, Navan Road, Pelletstown, in the scheme as this institution was also included in the scheme of eligible institutions for the residential institut…

Under the original Bill, there was a provision in place which meant that if someone had been in St. Patrick's, Navan Road, Pelletstown, and had received a payment under the RIRS, he or she was disbarred from seeking a claim under this scheme. We are now removing that.

I move amendment No. 25: In page 13, line 28, to delete “ subsection (8) of section 13 ” and substitute “ section 18(7) ”.

I will speak to the amendments in the order in which they were tabled by the Deputies. As I outlined on Committee Stage, I am not in a position to accept amendment No. 26. In that context, I am of the view that the provision in section 15 has perhaps been misinterpreted. I will explain its intention. The section provides for a person to make a further application to the scheme in circumstances where another institution in which he or she resided is added to the list of institutions covered by the scheme. In all oth…

As I outlined during Committee Stage proceedings, I am not able to accept amendment No. 27 or amendment No. 28. This scheme we are creating will be the largest of its kind established by the State. It is important that we are realistic about the timeframes within which the applications under it can be processed. Every intention will be taken to process the applications as speedily as possible. I assure Deputies that everything is being done in my Department to build the administrative infrastructure, operate the sc…