This is the second in a series of newsletters which the Board has decided to produce to keep applicants informed from time to time as to the procedures it follows and other developments. Our first newsletter issued in March of this year and the Board\u2019s Guide to Hearing Procedures issued in April.<\/FONT><\/SPAN><\/P>
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Board Members The Board comprises five members. Ms. Anne O\u2019Brien, B.L. has recently been appointed to the Board by the Minister for Education & Science.<\/FONT><\/SPAN><\/P>
His Honour Judge Sean O\u2019Leary (Chairman)<\/FONT><\/SPAN><\/P>
Professor Desmond Greer<\/FONT><\/SPAN><\/P>
Dr. Helen Cummiskey<\/FONT><\/SPAN><\/P>
Dr. Ruth Pilkington<\/FONT><\/SPAN><\/P>
Ms. Anne O\u2019Brien B.L.<\/FONT><\/SPAN><\/P>
Solicitor to the Board<\/SPAN><\/B>.<\/SPAN><\/FONT><\/FONT><\/FONT><\/P>
Ms. Sharon Moohan B.C.L, L.L.M <\/SPAN>commenced work as Solicitor to the Board in May.<\/FONT><\/SPAN><\/P>
Discovery of documents (application form, section 8) Section 8 of the application form says that the Board will request production of an existing document only where the applicant has been unable to obtain it and where the document is relevant to identity, residence in an institution, or the abuse or injury suffered. <\/SPAN>The Department of Education and Science, Cornamaddy, Athlone, Co. Westmeath, holds records for children who were sent to a residential institution on foot of a court order. <\/SPAN>If an applicant or solicitor states in a Freedom of Information request to Athlone that he\/she is seeking evidence of residence to support a claim to the Redress Board, the Freedom of Information section will give the matter priority and will send a \u201cReport by School Number and Pupil Number\u201d within approximately two weeks. This report will normally be sufficient proof of residence and will, where available, be required by the Board.<\/FONT><\/SPAN><\/P>
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<\/SPAN>Applications The Board has accepted applications since December 2002. <\/SPAN>The number received to date is 1334. <\/SPAN>Forty-six of these applications have been refused as on the face of the documentation the application was outside the Boards terms of reference as laid down in the 2002 Act. <\/SPAN>The remaining applications are now being processed. <\/SPAN>The statutory steps and times allowed for each step laid down in the Act and Regulations occupy a minimum of 16 weeks (assuming that all necessary documentation has been lodged with the Board), to which must be added any time taken for processing the application by the Board\u2019s office staff. In broad terms the first 8 weeks is taken up notifying relevant persons as outlined in the Residential Institutions Redress Act 2002 (Miscellaneous Provisions) Regulations 2002. The second 8 weeks is taken up confirming with the applicant or his\/her solicitor that the application is complete (2 weeks) and scheduling the application for hearing or settlement (6 weeks). In some cases the Board, with the cooperation of the applicants and the relevant persons, will be able to reduce this period. <\/SPAN>This process was complete in respect of some applications during the month of April and so hearings and settlement discussions began. To date the Board has conducted 47 settlement negotiations and 13 hearings.<\/FONT><\/SPAN><\/P>
Summary Refused <\/SPAN>46<\/FONT><\/SPAN><\/P>
Settlements <\/SPAN>47<\/FONT><\/SPAN><\/P>
Hearings <\/SPAN>13 Total <\/SPAN><\/SPAN><\/I>106 Interim awards Section 10(10) of the Residential Institutions Redress Act, 2002 provides that the Board may make an interim award if three conditions are satisfied, namely: (1) <\/SPAN>The Board has made a preliminary decision that the applicant is entitled to an award; (2) <\/SPAN>The Board is satisfied that it is probable that a final award equal to or greater than the amount of an interim award will be made, and (3) <\/SPAN>The Board is of opinion that having regard to the age or infirmity of the applicant, the making of an interim award is appropriate in the circumstances. Without prejudice to the right of any applicant to apply or the Board to consider any other individual circumstances within the conditions outlined in the Act, the Board has decided that it will routinely consider whether it is appropriate to make an interim award if – <\/FONT><\/FONT><\/FONT><\/SPAN><\/P>
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(a) <\/SPAN>The applicant was born before 1st January 1930<\/SPAN>, OR (b) The Board is satisfied on the basis of a written report from the applicant\u2019s regular medical practitioner that the applicant is suffering from – The Act further provides that an interim award shall not exceed \u20ac10,000, and that the amount of any interim award shall be deducted from the final award made by the Board.<\/SPAN>
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