The Shame of Ireland

The Shame of Ireland

Mary Higgins Contract with Towards Healing Paying the Church With Survivors Redress from the Church

Lets make this perfectly Clear!

Towards Healing is ALREADY Funded by the Catholic Church to Counsel Survivors of their ABUSES!

Why has this Good Catholic paid the Church for Something the Church already pays for for Survivors?

This has never been Sanctioned by the Caranua Board of Trustees

This Woman MUST GO NOW!

Views: 930

Comment by micheal on June 28, 2016 at 13:34

Just lets be perfectly clear on this, if these groups and caranua had survivors best interests at heart none of us would need to be here, because what we are fighting for should of been done by these groups and caranua long ago, did none of them every think of survivors human rights, or how you cant treat people in such a degrading manner, or that we need legal protection for this fund to keep it away from the vultures and parasites, no even if they did they were more than happy to let it continue to keep their funding intact, they have had their chance and done nothing with it, it is now our turn, stick your funding ..... well you know what i mean, we dont want or care about being bought off, we are here for one reason only, survivors and their families get whats due to them and are fully protected in law so if ever a survivor without a group needs recourse to the law there will be lawyers lining up to help because of the precedent we are looking to set.

Comment by Marylou on June 28, 2016 at 13:39

well said boy 

Comment by jack colleton on June 28, 2016 at 14:06

In A Nutshell Indeed Michael.

Comment by Rob Northall on June 28, 2016 at 14:17
Comment by Rob Northall on June 28, 2016 at 14:35

Had the Strangest Reply from Richard Boyd Barrett

A Blank email with a header??

Have Emailed him back to say it was Blank!

My original Email appears Bellow

"Rob. Northall" ---26/06/2016 18:32:56---Dear TD Boyd-Barrett,

From: "Rob. Northall" <rob.northall@nxxxxxx>
To: <richard.boydbarrett@oireachtas.ie>
Date: 26/06/2016 18:32
Subject: Caranua Funding Towards Healing





Dear TD Boyd-Barrett,

Towards Healing is a Counselling Service Funded by the Church to Counsel Survivors of Church Abuse!

Mary Higgins CEO of Caranua entered into a Memorandum of Understanding (Contract) with Towards Healing in October of 2014.

This Contract was Never Mandated by the Board of Caranua!

Instead of Advocating forr Extra Counselling Services for Survivors as Caranua has a Remit to Advocate.

She agreed to Pay for them; as you can see Towards Healing is now asking the Catholic Church for Less Funding!

they are alos projecting the Future of Caranua when it has been Hemoraging Money.







As You can see there seems to be some sort of Confusion over the Exact Date this was Signed?





I would be Grateful if you would ask the Minister of Education in the Dail to ask for her Resignation?

Suspend the work of Caranua including its Recruitment of New Staff and bring the mismanagement of Caranua before the Public Accounts Committee?

Below are a few links you may find Useful?

“Question Survivors would like to ask the Public Accounts Committee Regarding Caranua”

IGNORED Press Release sent 19/06/2016 Secret Meeting Reveals that Survivors are Not All Equal

“Caranua Unacceptable Actions Policy”

Socio-Economic Profile of Survivors in Irish Religious-run Institutions by Mary Higgins C.E.O. of “Caranua"

I look forward to hearing from you?

Regards

Rob Northall

Member at Shame Of Ireland

Comment by micheal on June 28, 2016 at 14:47

Yes indeed, why on earth would higgins agree to this, in effect saving the church money, total mismangement of our fund and poses a whole raft of question as to how this came about.

Comment by Rob Northall on June 28, 2016 at 14:49

Ooooo ERRR! Mary Higgins Has to pay Towards Healing out of here own Pocket!!

Just copied the following Across >

Comment by micheal 33 minutes ago Delete Comment

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 pauline jackson on June 28, 2016 at 14:59

Well new news at last. Well Healing is also about lifes everyday problems.I have read that estimations are to be arranged before any work begins. Well thats differcult for many reasons. One is i dont want strangers coming into my home. Trusting anyone just because the work thay do and letting them inspect my flat frightens me.I need help having lost the use of my legs i need clutch bars and a wheelchair. But 4 or 5 months waiting for an adviser is a long time to struggle on alone. How long does it take to be advised when i know what i need. I also suffer from administration phoby. It takes me a long time to get anything done because of pounding heart and cold sweats. My court case in my infancy frightened me for life. I cant forget it it haunts my life. I dont want to be made to feel inferier again. But caranua doesnt take this into account.I live in France so i dont get information except on this site.

Comment by jack colleton on June 28, 2016 at 15:24

Indeed They Already Survivor's Needs From Their Filled In Application Forms!  Work On Meeting Those Needs Should Be A Priority Not Kept On Hold!

Comment by micheal on June 28, 2016 at 15:27

Hi Pauline i think a lot of suvivors would understand the feelings you are feeling, it is a disgrace that survivors are made to suffer more by waiting years in some cases for help, the endless needless red tape thrown in front of survivors, caranua has no right to inflict such added suffering on survivors. 

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