In a blog post back in February, we considered the Taoiseach’s apology to girls and women who spent time in these Magdalene laundries and we made reference to the Government’s proposal to establish a fund to assist the women. This scheme is now being implemented on the basis of the recommendations of the report by Justice Quirke, published on 26th June 2013. We are currently assessing the scheme in order to advise a woman, now based in the US, on what redress is available to her for the time she spent in a Magdalene Laundry.
The most significant recommendation being implemented is for the provision of ex-gratia lump sum payments to the women. These are stated to express the “sincere nature of the State’s reconciliatory intent” and to recognise the work undertaken without pay in the Laundries.
The level of payment varies according to the length of time a woman has spent in a Magdalene Laundry. A woman who spent three months or less in a Laundry is entitled to a one-off cash payment of €11,500. For anyone who spent more than three months in a Laundry, the lump sums increases in proportion to the number of months spent there. For example, a woman who spent five years in a Laundry will be entitled to a payment in the region of €68,500.
It is noteworthy that no eligible woman will get above the maximum lump sum payment of €100,000, irrespective of the number of years or nature of the experiences in a Laundry. In addition, where a payment of over €50,000 is made, the first €50,000 will be paid as a lump sum and the remaining money will be paid on a weekly basis as “weekly life income”. These weekly life income payments will not continue after the death of any woman.
The scheme proposes several further payments and benefits in kind to eligible women including:
- Provision of an enhanced medical card;
- Provision of a State contributory pension for women who have reached pensionable age or a payment of €100 per week to women who have not reached pensionable age;
- Tax exemptions in relation to the cash payments made;
- Establishment of a dedicated unit to provide advice and support;
- An extension of the Nursing Homes Support Scheme Act 2009;
- Payments made to women under the Residential Redress Scheme will not be taken into account.
While the establishment of the redress scheme and its non-adversarial nature are to be welcomed, we have several concerns about the scheme.
Fixed payment levels that are determined only on the basis of time spent in the Laundries fails to tailor compensation to each individual woman and to compensate each woman for her particular experience and treatment. We anticipate that in the vast majority of cases the sums proposed will fall far short of adequately recognising and compensating women for the emotional and physical impact of time spent in the institutions.
We also note with concern the lack of clarity on how the scheme will operate. The application process and broad entitlements are clear. However, it is unclear for example how such entitlements will be calculated in all cases. It is also unclear how they will apply to women who are now living outside of Ireland. There does not appear to be clarity on how women who struggle to establish their eligibility due to incomplete or inaccessible records will be assessed. While there is a suggestion that an appeals mechanism will operate, it is unclear how.
Our final and most serious concern is that women who decide to avail of the scheme will be required to sign a waiver to confirm they will not pursue any legal action against the State in relation to their time in the Magdalene Laundries. The State recognises the need for women to obtain independent legal advice before making any decision to avail of the scheme. We would see such independent legal advice as absolutely imperative to ensure the best interests of women who spent time in the Laundries are properly protected.
Rebecca Keatinge
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