The Shame of Ireland

The Shame of Ireland

Hi Friends

Like you I too am a survivor of sexual abuse while in the care of the state. Today I have been left disabled with many medical problems from an abusive childhood back in Ireland. Many of us have been left with nothing but disability benefits from the abuse we suffered in Ireland. I myself have had to go on disability benefit because I had no medical coverage here in America. I live on less than five hundred dollars per month which does not cover my bills. I received no education as a child growing up in Tullamore. We do not deserve this. We have been left disabled because of the Irish governments failure to protect the child's right to safety. Every Irish survivor of these schools should be receiving some form of pension so as at least they can put food on their tables. They are the ones who left us disabled and they should be covering our disability. I think if enough of us contact all TDs in Ireland and tell them that we all deserve pensions if we have been left disabled . Like I said if it was only enough to cover your food shopping every week it would be something. Today when this crossed my mind I decided to start off my emails. I sent my first email to Finian Mc Grath (IND)  . Please follow suit and send him an email and ask him to bring it up on the Dail floor. If enough of us write emails we can get support from a few TDs who have spoken out for survivors in the past. You can email Finian at        Please let us know what kind of response you get back from him.

                                                                                                Thank you      Ken Doyle

Views: 939

Comment by micheal on June 28, 2016 at 11:26

Well Marylou i have requested all caranua costings todate under the freedom of information act, should be a very interesting read.

Comment by Marylou on June 28, 2016 at 11:37

well done i think its  great that there is a site like this and also that we have survivors who are more than capable of taking the gov and caranua on, its comforting to know that they wont be getting away with it and our voices are being made known, i dont always comment on the blogs because i dont have that kind of knowledge so i just try to encourage, again thanks to everyone on this site 

Comment by micheal on June 28, 2016 at 11:44

Marylou everyone here is helping in there own way, remember the human rights application started out on a post you started, 

Comment by Marylou on June 28, 2016 at 11:54

Thats what makes this site a life saver to see other survivors standing up reading there stories, realizing that we have each other, out of sheer desperation i came across this site, and i am very grateful, i dont mind doing emails but i am not good at talking i dont mean that in a put down way about myself, My comfort is this should we get anywhere that survivors on this site are more than capable of taking on the powers that be

Comment by jack colleton on June 28, 2016 at 11:59

Michael : -

"Something a good friend of mine told me, One never knows what’s going to happen from the seeds scattered in various places but the point is to keep sowing, keep watering and keep looking over the furrows in the field of your work. One day we may be surprised by the return we never expected."

Jack :  -

Awesome And Really Inspiring!

Comment by jack colleton on June 28, 2016 at 12:06

Marylou; -

Each Of Us Is A Piece Of The Whole Jigsaw.  Altogether We Are All We Need.

Comment by Marylou on June 28, 2016 at 12:10

Thanks right jack and i am grateful that i am not alone,

Comment by jack colleton on June 28, 2016 at 14:08

Together As A Group Of Survivors We Need To Be Recognised Now.  We Need Legal Representation To Have Our Human Rights And Needs Met.

Comment by micheal on June 28, 2016 at 14:13

If there church views caranua as a trust, perhaps Mary higgins should read this before threating survivors with audits and such,
a trust is created when a settlor transfers assets to a trustee to hold for the benefit of one or more beneficiaries. The term ‘trust’ simply describes the fiduciary arrangement or relationship between those parties. It is not a legal entity, and does not have juristic personality. It is therefore incapable of holding assets, entering contracts or undertaking any other legal formalities in its own name. Indeed, as Adderly J commented in Tenesheles Trust & ors v BDO Mann Judd (Supreme Court of the Bahamas, 16 November 2009), ‘it is trite law that a trust lacks legal capacity…a trust is an arrangement, not an entity’.

In a trust arrangement, the appointed trustee is the person or entity with capacity to undertake these legal formalities. In assuming this function, the trustee acts as representative of the trust. The manner in which the trustee exercises this function is governed by the terms of the trust agreement and relevant local trust law.

Holding Of Assets

It is a common misconception amongst practitioners that the assets in a trust fund are owned by the trust. As mentioned above, a trust simply does not have capacity to hold assets in its own name. Legal title to assets is vested in the trustee (or its nominee). As the legal owner, the trustee may enforce all property rights relating to trust assets against any third party.

Entering Into Contracts Or Agreements

As a matter of convenience, trusts are often named by practitioners as parties to agreements. However, a trust, as a ‘non-entity’, does not have legal capacity to contract in its own right.

In their 2006 discussion paper on the nature and constitution of trusts, the Scottish Law Reform Commission confirmed that a trust has no legal or juristic personality and therefore no active capacity and so cannot be bound by a contract.

The practice of treating trusts as if they have a legal personality is theoretically incorrect and contracts entered into by the trust in its own name may not be legally enforceable by or against the parties thereto. As a matter of ‘best practice’, the trustee should always be named as the contracting party in formal agreements. However, it should be clear from the face of the document that that the trustee is acting as trustee of the specific trust.

Issuing Or Accepting Legal Proceedings

As a trust is not a legal entity, it cannot issue or accept legal proceedings. The trustee is the party with standing to sue and defend for and on behalf of the trust. A claim based on a contract entered into by a trustee in its representative capacity may be asserted against the trust only by proceeding against the trustee.

Where actions are taken by or against the trust, courts may be amenable to amending the proceedings to refer to the trustee unless this would cause hardship to the other party.

By way of example, in the South African case Rosner v Lydia Swanepoel Trust [1998 (2) SA 123], it was held that unless the application to amend the summons or pleading is done in bad faith or would cause injustice or prejudice to the other side, it should be allowed. The court stated that such an amendment merely gives ‘linguistic effect to the legal rule that a trust lacks legal personality’.

Seek Advice

The law in this regard is relatively straightforward. A trust is not a legal entity and therefore lacks legal capacity. The trustee must undertake all legal formalities pertaining to the trust arrangement. Where in doubt, the trustee should seek professional advice.

Comment by jack colleton on June 28, 2016 at 14:58

Thanks For The Info Michael.

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