The Shame of Ireland
As usual my private Email address delivers!
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DRAFT – TO BE APPROVED BY TOM CRONIN
Mr Richard Bruton
Minister for Education and Skills
Department of Education
Cc: All TDS, all Senators, all Irish MEPs
20th July 2016
Re: Survivors of Institutional Abuse and State Agency Cara Nua
Eugenie Houston BL
This is the Response on behalf of the Minister
From: Minister for Education & Skills a href="mailto:MINISTER@education.gov.ie" rel="nofollow" target="_blank">MINISTER@education.gov.ie>
Date: 5 August 2016 11:44:40 IST
To: "'firstname.lastname@example.org'" a href="mailto:email@example.com" rel="nofollow" target="_blank">firstname.lastname@example.org>
Subject: Re: Letter on behalf of Survivors of Institutional Abuse re State Agency Cara Nua
Ms. Eugenie Houston
Direct Access Barrister
1 George's Quay Plaza
Dublin 2PLEASE QUOTE REF NUMBER ON ALL CORRESPONDENCEOur Ref: 1603888KMDear Ms Houston,The Minister has asked me to respond to your recent letter concerning the Residential Institutions Statutory Fund and Caranua’s administration of the funds.In response to the issues raised, I have been asked to make a number of points.Caranua’s customer charter sets out its standards and if as your letter suggests, they fall short in meeting those standards, there is a complaint mechanism in place which includes provision for making a formal complaint. If people feel that their dignity has been affronted by Caranua, it is open to them to bring a formal complaint to Caranua.The Board of Caranua which has 4 survivor representatives on it was very conscious that people who owned their own houses were benefitting disproportionately from the Fund at the expense of people in rented accommodation. Recent changes to services have been introduced which mean that survivors in rented accommodation can purchase white goods such as fridges and washing machines. Survivors can also continue to avail of orthotic footwear. Because help towards Funeral expenses was considered to be such an important element, these have now also now been introduced.The introduction of a ceiling on the amount of funding that is available for an individual survivor is an attempt to distribute the fund on an equitable basis. As more information becomes available on how the fund is being distributed, it should be possible to project accurately at what rate the fund will be exhausted based on the number of applications and on the amount of funding allocated.It is, of course, open to individuals to exercise their Fundamental Rights of Petition to the European Parliament and the Minister doesn’t propose to comment further on this.It is intention of the Minister to carry out a review of Caranua and to consult with survivors but to do so, will require the use of external contractors and there is a procurement process which has to be complied with.I hope this answers some of the issues you raised in your letter.Yours sincerelyDerek NewcombePrivate Secretary
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Seirbhís ar scoth an domhain a chur ar fáil don Stát agus do mhuintir na hÉireann.
Providing a world-class service to the State and to the people of Ireland.
once again the minister for misery pases the buck and goes into delay mode hoping we oll go away and die . we should oll
march on the minister office and i will lead the charge till dis is done were going no were . james fox
What About After Care?
Needs Change. Changing Needs (Future) Need To Be Considered Too.
Hi All, I just want to say well done to the writer of the letter to the Minister on behalf of all survivors - Sometime I feel like giving up and then comes along a reason to keep going. The ministerial response to the letter is pathetic in itself but we have come to the understanding by the response and previous responses from other ministers that this present Government is not interested in the survivors or our futures - Futures that were taken away from childhood and continues by one abuser after another, however, someday soon I am hopeful that someone will listen to us as when we were kids NO one listened. I was sent the new pack with the guidelines and application 2 with the limits of €15,000, if you sign that you will be signing a legal document and you maybe signing away your rights, we need to find out the legalities on that as the legalisation is there so the minister keeps telling us. Application 1 you have unlimited amount of applications until the fund was exhausted (which it should never be exhausted) as most of the services have been given by what most would already be entitled to through medical cards or the welfare services. They are charging survivors from their own fund for things already available through service cards or age. Application 1 you cannot have the fridges etc. But I am on a RAS housing rental scheme and I'm entitled to nothing from my own fund as they won't help in private rental housing, even though I have been waiting years for a council house, I live with a 30 day notice any time from a landlord and have no security in housing for my later years and I have a special need child. You cannot get a chair with out landlord approval and why should I make my landlords house better or a council house better for that matter when the landlord is responsible through the payment of rent.
Or rail roaded by a couple of hyper agressive ego driven maniacs? The ihrec knocked back my personnal petiton, because of time limits for judical review, havent heard anything about our group application, whilst a bit of a downer at least i know what to do when a decision is made on my appeal, appeal to the high court on any points of law and start a judical review on the decision making by caranua, onwards and upwards haha, i had to take a break from the whole thing just to keep my sanity intact, now im back fully recharged :-)
Back On Track!
Time Limits For Judical Review? I Would Have Thought If Complaints Are Ongoing ....
At least i know this time around that time limits are an issue and am perparing accordingly, soon as i have my appeal rejected i will be moving on it, in my last appeal caranua were guilty of providing misleading information to the appeals office, this time i have courtesy of getting everything in writing caught them out telling lies to the appeals officer, refusing to do there job, refusing to enter any discussion on my needs so clear grounds for judical review.
Order 84, Rule 21 (1) of the Rules of the Superior Courts provides that an application for leave to apply for judicial review shall be made within 3 months from the date when grounds for the application first arose.
Where the relief sought is an order of certiorari in respect of any judgement, order, conviction or other proceeding, the date when grounds for the application first arose shall be taken to be the date of that judgement, order, conviction or proceeding.
However Order 84, Rule 21 (3) provides for an extension of time for an application for judicial review but the court shall only extend such period if it is satisfied that:
(i) were outside the control of, or
(ii) could not reasonably have been anticipated by the applicant for such extension.
Moreover Order 84, Rule 21 (4) also provides that in considering whether good and sufficient reason exists for granting an extension of time, the court may have regard to the effect which an extension of the period may have on a respondent or third party.
Order 84, Rule 21 (5) provides that an application for an extension shall be grounded upon an affidavit sworn by or on behalf of the applicant which shall set out the reasons for the applicant’s failure to make the application for leave within the three month period and shall verify any facts relied on in support of those reasons.
Statutory judicial review schemes supplement Order 84 of the Rules of the Superior Courts with their own specific procedural rules. These statutory schemes narrow the availability of review through such features as:
Welcome Back Michael and keep them batteries charged!!Barbara