Residential Institutions Redress Board -Late Applications update.
Time periods for Applications to the Residential Institutions Redess Board
The Residential Institutions Redress Board was set up to provide redress for victims of residential abuse in Ireland. The scheme accepted application between 202 and 2005. Following the closure date we have received a large number of enquiries in relation to ‘late applications’.
We have set out an outline of the rules govering application including late applications which we hope is of asistance.
Section 8 of the Residential Institutions Redress Act, 2002, sets out the limitation period within which applications for Redress must be made, and is in the following terms:
S 8 (1) An applicant shall make an application to the Board within 3 years of the establishment day.
(2) The Board may, at its discretion and where it considers there are exceptional circumstance, extend the period referred to in the sub-section (1).
(3) The Board shall extend the period referred to in subsection (1) where it is satisfied that an applicant was under a legal disability by reason of unsound mind at the time when such application should otherwise have been made and the applicant concerned makes an application to the Board within 3 years of the cessation of that disability.
By Order of the Minister for Education and Science made on the 16th day of December 2002, the 16th day of December 2002 was appointed as the establishment day for the purposes of the 2002 Act.
In accordance with the above provisions applications for Redress were required to be received by the Board on or before the 15th day of December 2005, but the Board can in the above limited circumstances, extend the period.
Late Applications
In order to enable the Board to consider whether or not to extend the period a full and detailed Affidavit will be required setting out the facts relied upon by the applicant which might enable the Board to extend the period under sub-section (2) or (3) of Section 8 of the Act.
Please note that the Affidavit must state the date upon which the Applicant first consulted a Solicitor in relation to the application.
If you have legal submissions as regards the issues relating to the application for an extension of time within which to make the application for redress, these should be made in the letter accompanying the above mentioned affidavit, and not in the affidavit itself.
Please also state whether you are relying upon the provisions of Section 8(2), or Section 8(3), or Section 8(2) and Section 8(3) of the Residential Institution Redress Act 2002 for the purposes of the application for the extension of time sought.
In dealing with ‘late applications there are a number of questions regularly asked by the Redress Board regarding late applications.
1. When did you first learn of the existence of the Residential Institutions Redress Board?
2. Who advised you of the existence of the Residential Institutions Redress Board?
3. When did you become aware that you were entitled to file an Application with the Residential Institutions Redress Board?
4. The Redress Board carried out an extensive advertising campaign in Ireland during the period December 2002 to December 2005.
The Redress Board regularily emphasises the extend it went to to advise of the scheme and it’s operation.
It regularily states that ‘advertisements were placed in all National Broadsheet and Tabloid Newspapers as well as in the main Provincial Newspapers.
Advertisements were placed on RTE 1 Television, Network 2, Sky 1, Sky News, TV3 and TV4.
The Redress Board also placed advertisements on all National and Major Local Radio Stations.
The Redress Board placed advertisements in all Irish Daily Newspapers highlighting each Ministerial Order which added to the Institutions listed in the Schedule of the Residential Institutions Redress Act 2002.
It also placed advertisements in the main Irish Newspapers advising Applicants of the closing date for receipt of Applications being the 15th December 2005.
Enquiries are regularily made as to whether whether or not applicants saw and/or heard any of the extensive advertising campaign carried out by the Board referred to above.
The Board also asks late applicants to explain why they were not in a position to file an application with the Board on or before the closing date namely the 15th December 2005.
If you would like further information on late applications please feel free to contact our offices for further information.
Paul Tracey Solicitor
Paul W Tracey Solicitors
24 Marlborough Street
Dublin 1
phone 00 353 1 8745656
fax 00 353 18745550
e-mail law@traceysolicitors.ie
or check our our dedicated web site
Magdalene Laundries Survivors –Whereto on the issue of Redress?
Magdalene Laundries Survivors –Whereto on the issue of Redress?
In the wake of the recent reports published in Ireland regarding the abuse of children and the role of the church in handling of cases of abuse focus has now returned to those victims who have received no compensation.
I speak of course of those women who spent time in what were called the Magdalene Laundries. These homes were institutions for ‘fallen women’ who gave birth to children out of wedlock.
It is both ironic and unjust that the stories of these women which led in part to the establishment of the Residential Institutions Redress Scheme did not compensate the victims of abuse in the Magdalene laundries.
Despite pressure on the government in September of this year the minister for education stated ‘that women who had been in these homes would not be eligible for compensation from the redress board because the homes were privately owned and not operated by the state.’
This month several pressure groups met with the Clergy and asked that the Catholic Church provide financial compensation to survivors of the Magdalene Laundries who suffered abuse.
Following the meeting with Church leaders in Maynooth it was stated that the bishops would meet with the leaders of the religious congregations to discuss redress.
It remains to be seen what results these meetings produce.
From a legal perspective the issue of the statute of limitations will need to be addressed as a number of recent High Court decisions have indicated unwillingness on the part of the courts to entertain cases where the matters complained of have occurred several decades ago.
It is remarkable that the obstacle that the Statute of Limitations presents to such victims has been addressed by neither the Church nor state in any of their comments following the publication of the Ryan and Murphy Reports.
It would be a true sign of good will towards ‘victims’ if the religious congregations indicated a willingness to meet these cases and agreed to waive the issue of the statute in proceedings arising from this sad era in Irish History.
Paul Tracey Solicitors of 24 Marlborough Street Dublin 1 have dealt with over 500 Redress Board cases and will be providing updates on developments in this area of law.
If you wish to be updated in this regard please feel free to contact our offices by e mail at law@traceysolicitors.ie.
Paul Tracey
11/12/2009
Death of Polish brings fine of €350,000
Death of Polish Worker brings fine of €350,000.
In what seems to be a too familiar reoccurrence a tragic accident has taken the life of a polish worker working in Ireland
The accident which occurred in April 2006 was the matter for a court hearing this month in which the Health & Safety Authority brought a prosecution against a Roscommon based building company.
The accident which led to the tragedy involved a fall from a teleporter.
Roscommon Circuit court found that there was a failure to put in place necessary safety measures and as a result the death had occurred.
Fines of €350,000 were imposed on the company & its director.
Whilst cases of this nature primarily concerns the enforcement of safety practice breaches of Health and Safety legislation can also lead to civil action for compensation for the loss of life and financial dependency.
A representative of the Health and Safety Authority commented ‘that the case should be a deterrent to other directors and senior managers who are not talking the legal and moral duties seriously.’
The significant numbers of Polish workers who have worked and continue to work in the construction industry in Ireland mean that this is not the only report of tragic loss of life as a result of carelessness and neglect by an employer.
Paul W Tracey
11/12/2009
