Gnó an tSeanaid - Business of Seanad ›
Residential Institutions
Senator O’Reilly urged urgent State action for four survivors on hunger strike outside Leinster House, seeking a contributory pension and HAA card, while the Minister said the Government cannot reopen the scheme and pointed to the 2025 Act’s existing health, education and advocacy supports. He asked the protesters to end the hunger strike and continue engaging.
I thank the Minister of State for coming in to speak on this important issue. I am deeply concerned about what has been going on for three weeks outside of the gates of Leinster House. As we speak here, there are four survivors of industrial and reformatory schools camping outside the gates on hunger strike, one man and three women who suffered abuse in institutions run or sanctioned by the State and have lived for decades carrying the effects of that abuse. They are making a stand. I am worried for their welfare. One of the women has developed a chest infection and is on antibiotics. Despite this, they are still committed to their cause and show no signs of giving up. There has been little movement from the Government on this. I am aware that these vulnerable people are essentially being left out in the cold, but they are not for giving up.
Legislation is not set in stone, but the Government is using that assertion in some of its letters to the victims. The Government amends and introduces new legislation all the time. This is not a viable argument against helping people who were failed so badly in the past. These survivors are among the most vulnerable in our society. Their asks are small, but the signal it would send is significant - that the State takes its responsibilities seriously even decades later. They are asking for limited support, namely, a contributory pension and Health (Amendment) Act, HAA, card. These are not extravagant demands. They are practical measures that would give survivors some dignity, security and recognition that the State acknowledges its own failures. Does the Government have any plans to address these concerns? What will it do to bring an end to this hunger strike?
Comment on this
I thank Senator O'Reilly for raising this very important and sensitive matter. I am responding on behalf of the Minister for Education and Youth, Deputy McEntee, who sends her apologies because she cannot be here.
I assure the Senator that the Government is very conscious of the enormous trauma experienced by all survivors of abuse. She is right that these are vulnerable people. With regard to the group currently engaged in a protest outside Leinster House, the primary concern of the Minister and the Government has been, and at all times is, that they safeguard their physical and mental health by reconsidering their action. These four people should be treated with respect and dignity.
Both the Minister and the Taoiseach have met separately with the group. Officials from the Department of Education and Youth have also been in touch with the group on a number of occasions. The special advocate for survivors, Ms Patricia Carey, has been in ongoing contact. Officials from the Department met with the group in August to listen to their concerns. At all times, they have been respectfully urged to safeguard their health and well-being. It is regrettable that they have chosen to continue their protests. The HSE has arranged for regular welfare and medical checks to be carried out and the Department of Education and Youth has offered to arrange accommodation for the group during the recent severe weather warning.
The Supports for Survivors of Residential Institutional Abuse Act 2025 was passed by the Oireachtas in July. The Act was subject to extensive debate, particularly in this House. It gives effect to the Government's decision of June 2023 to provide certain ongoing supports to survivors of abuse in residential institutions such as industrial schools and reformatories, including health, education and advocacy supports. This marks a new phase in the State's response to the issue.
The package of health supports and services provided for in the Act will ensure survivors resident in the State have access to a range of health supports through the HSE, including GP services, home nursing and home helps, chiropody and podiatry, and physiotherapy. This approach is consistent with that taken in respect of survivors and former residents of the Magdalen laundries and mother and baby institutions. The entitlement will be for life and will not be subject to means tests or periodic reviews. Survivors living abroad will be able to avail of a payment of €3,000, in lieu of this package of supports, to support their health needs. This is the same approach taken in respect of the mother and baby institutions.
The Act also provides for the establishment of a scheme involving the payment of cash grants ranging from €500 to €2,000 to survivors who are engaging in further and higher education. This scheme will ensure survivors are not required to pay the student contribution charge where this would otherwise apply.
The focus is now on implementing the legislation and the Government is not in a position to revisit it. I can confirm that officials in the Department are in the process of reviewing the recommendations of the report of the consultative forum again and I understand that, in relation to the recommendations on memorialisation and records, there is scope for further engagement.
It is regrettable that the group has chosen to take this action. I respectfully urge them to reconsider their current action in the interest of their health and to engage with officials to discuss the various matters I have referred to.
Comment on this
This response is not good enough. While I understand the legal and financial limits, I would argue the State still has the ability to act to support these people. Their requests are small and practical. A contributory pension and a HAA card do not require reopening redress schemes. There are existing supports that could be made available to people who have clearly been failed by the State. It is not generous to give a contributory pension to people who are victims of forced labour; it is the bare minimum.
To say the scheme is closed and to do nothing risks repeating the same failure. These people endured abuse, often without family support, and now face old age without proper assistance. There are social protection and welfare mechanisms that could be used to help them. For example, in 2021 and 2022, the Minister, Deputy O'Gorman, transferred unused funds that had been allocated to schemes for Traveller and Roma communities and Magdalen laundry redress. He allocated €1.1 million to various LGBTQ+ initiatives. Are there potentially any unspent funds that could be allocated to ensure these survivors receive HAA cards and contributory pensions? I ask the Minister and Government to look at what they can do to address this situation.
Comment on this
It is a very sensitive and difficult matter, as I outlined in my reply at the beginning. In June 2023, the Government approved a provision of a package of ongoing supports to survivors in the areas of health, education and advocacy, which built upon the already significant State response to the issue. It is considered that the package is a balanced and proportional approach which addresses a number of key issues raised by survivors. It is also broadly consistent with the approach taken in respect of other groups, in particular survivors and former residents of the Magdalen laundries and the mother and baby institutions. However, it is acknowledged that the package of supports does not go as far as some survivors would like.
With regard to health supports, as I have already said, the package of supports and services to be provided to survivors is the exact same as was previously provided under the Magdalen laundry and mother and baby institutions schemes. While there have been calls for the provision of a Health (Amendment) Act, HAA, card, it is important to note that this was introduced specifically to meet the significant health needs of a particular group of individuals who contracted a serious and life-threatening condition, that is, people who contracted hepatitis C through the administration within the State of contaminated blood and blood products.
I will bring back all the concerns the Senator raised. With regard to the ongoing protest, it is important that the group reconsiders its current actions in the interest of people’s health and well-being. I ask it to do so and continue to engage regarding the issues it has raised. As I have outlined, there has been engagement and I hope that continues. I will bring back the Senator’s concerns.