Aosdána votes unanimously for motion seeking clarification of Residential Institutions Redress Act, 2002

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photo of Aosdana members courtesy of The Arts Council of IrelandLast Wednesday and Thursday (April 14 and 15) Aosdána held its 2010 agm in the Armagh City Hotel, under the auspices of the Armagh City and District Council and the North South Ministerial Council, which is based in Armagh.
It was the first meeting to be held in Northern Ireland (the only other agm held outside Dublin was in Kiltimagh, Co Mayo), but the speeches at the welcoming dinner stressed that the meeting reflected the long-standing tradition of all Ireland collaboration and interaction between artists and arts organisations.

The agm was significant in other respects too, not least in the unanimous vote supporting the motion seeking clarifcation of the Residential Institutions Redress Act, 2002, proposed by Margaretta D’Arcy, and seconded by Paula Meehan.

The motion reads as follows
With reference to sections 7 (6) and 34 of the Redress Act 2002, Aosdána calls on the Minister for Justice and/or the Attorney General to confirm that nothing in these sections can or should be construed in such a way as to inhibit any truthful treatment of the subject, whether factual or fictionalised, in memoirs, novels, short stories, poetry, plays, film-scripts, etc., or in any other art form.

From the Residential Redress Act 2002 (dealing with compensation to victims of clerical abuse)
7 (6).– A person shall not publish any information concerning an application or an award made under this Act that refers to any other person (including an applicant), relevant person or institution by name or which could reasonably lead to the identification of any other person (including an applicant), a relevant person or an institution referred to in an application made under this Act.

34.– A person who is guilty of an offence under sections 7(6) and 28(9) shall be liable–

(a) on summary conviction, to a fine not exceeding €3,000 (£2,362.69) or to imprisonment for a term not exceeding 6 months or both, or
(b) on conviction on indictment, to a fine not exceeding €25,000 (£19,689.10) or imprisonment for a term not exceeding 2 years or both.

The motion was passed unanimously.

Source: Philip Casey, member of Aosdána

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26 comments on “Aosdána votes unanimously for motion seeking clarification of Residential Institutions Redress Act, 2002

  1. Brutal Blackmail is the right word that the Government used against Survivors WHO DARED TO GO TO THE REDRESS BOARD THEY USED THREATHS OF HOSTILE RETRIBUTION against the most VULNERABLE SURVIVORS IF THEY TALK ABOUT IT.OR EVEN HINT .Those who sat on the redress board are Corupt Sadists who took advantage of Vulnerable Survivors and lined their own pockets against survivors who were already traumatised and many have Illness’s caused by the brutiality and Neglect survivors suffered as babies and children,WERE FULL MEDICAL RECORDS PRODUCED???NONOW THAT SAYS IT ALL. It was a MAJOR SETUP and CON.

  2. Does anyone know of anyone who has published anything in defiance of that below:-

    The motion reads as follows
    With reference to sections 7 (6) and 34 of the Redress Act 2002, Aosdána calls on the Minister for Justice and/or the Attorney General to confirm that nothing in these sections can or should be construed in such a way as to inhibit any truthful treatment of the subject, whether factual or fictionalised, in memoirs, novels, short stories, poetry, plays, film-scripts, etc., or in any other art form.

    From the Residential Redress Act 2002 (dealing with compensation to victims of clerical abuse)
    7 (6).– A person shall not publish any information concerning an application or an award made under this Act that refers to any other person (including an applicant), relevant person or institution by name or which could reasonably lead to the identification of any other person (including an applicant), a relevant person or an institution referred to in an application made under this Act.

    34.– A person who is guilty of an offence under sections 7(6) and 28(9) shall be liable–

    (a) on summary conviction, to a fine not exceeding €3,000 (£2,362.69) or to imprisonment for a term not exceeding 6 months or both, or
    (b) on conviction on indictment, to a fine not exceeding €25,000 (£19,689.10) or imprisonment for a term not exceeding 2 years or both.

    I would guess that the powers that be would not dare make a move against anyone if they were to publish and I will prove it by stating that I too received appitance from the Redress Board with the collusion of my so called Solicitors Hanahoe, who knew full well I had a better case in a court of law but colluded with the government to rob not only me but a whole lot of other people. The Institutions I complained about were Artane (Christian Brothers) Industrial School Dublin and Fair Street (The Daughters of Charity) Industrial School for Junior Boys. I have said it before and repeat it now:- As all can see, I have breached the(Redress Act 2002) sections, now dare to make a case against me, I’ll make you the laughing stock of the world.

  3. Any payment of any kind to any victim, is an admission of guilt. No matter how it is phrased. The appointed legal reps for redress have admitted that these tightarsed payments are just token. Twisted Oliver

  4. go to http://www.petitions.ie and choose Paddy Doyle to speak for you, if that is what you wish.

  5. Hi all just thinking about the gagging order.
    We were all illegally imprisoned so we have already served our time in the child prisons so they can shove the gagging order I wont say where .

  6. before any government gets any survivor votes they must put in writing what they intend to do for us, the party that meets our requests will gain the support they deserve.

  7. there was a waste of time in the Oireachtas Report on the 27 April 2010.
    It was disgusting nothing about the problems of survivors yet again.
    Just about how many women are in government, electric cars, where personal jokes were past amongst themselves.
    No we have not even been given a blink of the eye. Cowen is about to rip off the poor once again so if you are on welfare be careful your redress will separate you from being entitled to any support.
    by the way what was this fecken redress to be spent on?
    to help you pay the rent, to pay for education, to pay for your expenses to the councillor, heating, health, deposit for a bedsit or to shut the f… up and go away or else?

  8. Christy you are right ,The Redress was NOT LEGAL.

  9. Pauline. You were in NO way stupid to have signed, what happened to you was shocking there with Mrs Buckley shouting at you, about you, after 41 years your first visit back to Ireland not having any Contact with anyone since your incarceration in the Hell Hole that would have traumatized and upset even the strongest I expect she didn’t want anyone to arrive back and steal a bit of her fame she is only for herself and NOT A representative for most Survivors – well maybe 10 in her close group at the Aislinn who are all damaged and don’t mind being Bullied as that is what they are used to. WHO HAS BEEN PAYING HER WAGES ALL THESE YEARS. What about The Huge Funding – FOR WHAT? She has named the Nun and Place often all over the internet the papers, been on Television how SHE was abused never mentions we were all Abused many far worse that Her, WAS SHE KEPT SILENT? As for Mrs and Mr Waters with the funding for that large house in Dublin with the best part for their own use A survivor did go there once and said never again and could not believe the Waters had their own maid to clean their own large flat in the best part of the building for themselves and their family who by the way live in the UK.and expected survivors to work there for nothing .they booked in there and were shown into a dark apartment for a week there was NO kitchen towels, washing up liquid,washing up cloths, Tea,toilet paper ,toilet cleaner ,soap, coffee, Not much at all they went out and had to buy all the stuff but when they left and could not take it all with them had to leave it for the Waters that must have happened to others, and pay.But once they were in the room that was it no sitting room where they might meet other survivors . A very Lonely Visit. Who owns that HOUSE???IS it Mr Quinn, As for Trust Fund so called group leaders would like that for their fat fee I shouldn’t wonder with Corrupt Lawyers rubbing their greedy hands,Survivors Must be paid Decent compensation for such horrible suffering we went through as Babies and children into our OWN BANK ACCOUNTS.we worked for that money as children through most of our childhoods without any Pay or pocket money.+ they didn’t spend the funding on us children ,+ the Money Families either a Mother or Father were forced to pay collected by the Garda for the Religious and Government,Parents who tried to get their children home were refused by the Dept Education and Religious to have the right to their own children,> This was Illegal.I have met Homeless Survivors YET the Government could find housing straight away for Migrants from all over the world many not from the EU. SAYS A LOT. FREE SPEECH FOREVER.

  10. Gagging Order, Large Fine’s, Threat of Prison if we don’t keep silent, Prison would be a Doddle after the Child Prisons we were forced into as children and Babies,at least in Prison now it would be nice and warm, Great food, Hot water for showers and bath’s ,Television, Games,Nurses in case we get sick,we would even be allowed to celebrate our birthdays ,which were banned in Our child Prisons ,Pocket money WOW a Doddle NO CORPORAL PUNISHMENT, indeed. First they would have to come and arrest me if they could find me behind the Army of people on my side Now that would look Great in the Newspapers Worldwide and Media,That the Irish Government allowed Babies and young Children Taken to a criminal COURT and Sentenced to Detention into Prison’s.which gave children a criminal record for life. Not to mention the Shocking Abuse children and Babies Suffered in those Child Prisons.

  11. HI PADDY
    WITH REGARDS TO THE GAGGING ORDER IT DRIVES A HORSE AND CART OVER ARTICLE 17
    OF THE CONVENTION BUT THE LEGAL BOYS KNEW THAT WAS THE CASE ALL ALONG THEY JUST PICK UP
    THE 14000 GRAND AND FUCK THE SURVIVORS,BUT THEY WERE NOT ON THIER OWN WERE THEY THE GROUPS JOINED IN AND F***** THE SURVIVORS AS WELL.

  12. HI PADDY
    THE GAGGING ORDER, THE REDRESS ACT
    ARE NOT LEGAL UNDER THE EUROPEAN CONVENTION OF HUMAN RIGHTS:at SEC 1 ARTICLE 3, ARTICLE 4
    PARAGRAPH 1, 2, 3,ARTICLE5 PARAGRAPH 4, and 5, ARTICLE 6 PARAGRAPH,3, and at D,ARTICLE 7 PARAGRAPH 1, 2, ARTICLE 8, PARAGRAPH 1.

    CHRISTY

  13. correction

    the Education finance board is set up under the commission to enquire into child abuse act
    no the redress act

    Either way its a place where dignity and respect must be paramount
    i know folks………. i like to dream

  14. Dear Pauline You have the power.
    Yes indeed granny’s always seem to be right don’t they!!! ah ha me thinks ,Who told you that! I think its not strictly a public floor in that building
    What about a complaint to the Ombudsmans (persons ) office .As you do not seem to have received a satisfactory response to your complaint ,No way ….out of building.!! very suspect explanation given the nature of business conducted there .In what capacity does Ms Buckley attend there ,is it as a member of the education committee which is an extension of the redress board set up under the same act i believe or personally
    did u invite her specifically if not !!!
    Christine tut tut u know better

    oooops again!!!!!

  15. I would like to thank the two people who have commented on my visit to the Redress Board of course granny is right, I did complain, but I was informed that they had no way of keeping Mrs Buckley out of the building. and the problem is who wears the hat. If our rights come after public relations then we are still alone in expecting to be treated as adults, and the stars apparently decide. This is shameful we are pushed into no hope land.

  16. Correct me if I am wrong, but the Redress board was set up as an alternative to the High Court. Thereby if you launch a case in the High Court there is no bull crap to sign only the Court Document and everything is publishable except in Sexual Abuse Cases as court Orders to protect the Identity of the Survivor. thereby the Government can not write bull crap Laws they hold no water. Write what you like, people. Freedom of Expression of Thought, Freedom of Peaceful Protest, Freedom of Political Opinion Buffoons, (Politicians will know that word) Human Rights and they can not be signed off in any contract they are all bound by it.

    The redress Act Breaches the European Convention of Human Rights 1998 applied to Irish sate Law then as well as the UN International Human Rights Act 1948.

  17. Dear Pauline
    Granny’s right and may I suggest a strong letter to the Judge about your experiences.
    oh
    Who is a relevant person for the purpose of section 10.!!!
    ooops !!!!

  18. Your request for a confidencial hearing is and was your right by LAW ,and your Human Right and should have been respected your solicitors were paid well to protect your Privacy and confidentiality ,and your Right to a fair hearing in all respects to do with Medical history, Psychiatric history ect ect which were caused by the damage done to you while detained in the Industrial Reformatory as a child.It appears that none of that was done for you and Mrs Buckley had NO right to have been in the redress board at the time your hearing was due to be heard expecially as it was your first time back in Ireland after 41 years with NO contact with anyone in Ireland nor The Uk that was very wrong . that is a breach of your Confidential hearing which was NOT carried out in your best Interest Who gave her the right to be there How Dare she then make a speech about you and upsetting you not having had any contact with at all you since you left the Industrial Reformatory and Ireland.>I hope she didn’t then put in a claim for Her unwelcome Illegal attendence.????????

  19. The gagging was selective, as the people who waited for others, were in no way bothered by it .I had asked for a confidential hearing but the first person I met was Mrs. Buckley who then made a speech to an invisible micro of her version of my experiences in nightmare-land. Very upsetting, but no one bothered her. so where was my confidentiality? As invisible as her micro or perhaps she has a toc.

  20. HI PADDY
    ONCE AGAIN I SAY THE REDRESS ACT IS NOT LEGAL IN EUROPEAN LAW AND BARRY CLIFFORD HAS THE KNOW HOW AND FUNDS TO FIGHT IT

    CHRISTY

  21. A RESPONSE TO THE LETTER BELOW
    Click here to see letter referred to
    I trust Dr David Gwynn Morgan has a remit, as part of “Pathways into Institutions” (2) below, to investigate why it was necessary to commit the under 7 year olds to Industrial Schools via the courts under the guise of the 1908 Children’s Act, the State, the Judges and the directors of Industrial Schools fully knowing that they were riding roughshod over the rights of children not old enough, nor capable of committing such crimes, worse, unable to defend themselves, nor given any counsel, so to do. Is Dr David going to recommend that those children, such as I was, who were treated in this way are exonerated and their details deleted from District Court Minutes Books, further, are they to receive an apology for the wrongful, illegal acts bestowed upon them in direct breach of both the Irish Constitution 1937 and The International Convention of Human Rights 1950 and its Protocols? Or is Ireland and its current governors just going to do another magic act, by sweeping this scandal under its carpets, as it has become so very good at doing up to now?

    Martin John Petty
    Haworth Road
    BRADFORD
    West Yorkshire
    England Dated this 26th January 2008
    Email the Writer

    REDRESS – MY FOOT. The only reason those (Gagging) Sections are in there is to “Forever Gag” such as myself who went through the Redress process, only to discover that in collusion with the Church, Solicitors and the Justice system (State) let off the hook forever, the State and its illegal acts of criminalising babies and young children in contravention of the Human Rights Act 1948 and The Constitution of Ireland 1937.

    The way those sections of the Redress Act read, even siblings who went through the process are forbidden to talk to each other about it. This is in contravention of the International Convention of Human Rights 1948.

    The State is merely inflicting a measure of “Scaring into submission” the very people it pretended to help by way of Redress, knowing full well that they themselves are the guilty parties in not only not fully delivering Redress, but merely adding to the pain from long ago.

    Well, Mr Minister (Self Proclaimed Policeman) I was at Fair Street, Drogheda and Artane 1959 to 1968 and you will not shut me up because, just as I was not allowed to use a Solicitor from England to make the claim, so you are not in law able to drag my sorry ass back to Ireland for you to prosecute me for breaching that “Illegal Act”

    Come and get me, I dare you.

  22. Redress Act 2002 Fact

    Motion Passed 2010 Fact!

    Jesus who went asleep!!!!!

    But They woke up in time for the play that discriminated!!
    What hypocrisy
    Get off our backs and dont capitilize on our destroyed childhood.

    Did u know : Irish legislation may have no effect outside its own borders
    ooops
    Now what !!!!!!!

  23. I agree with the motion, I am writing my memoir and wish to name names etc. the Redress that I attended in 2001 surprised me when I had been questioned and at one point cross-examined by one gentleman on a point I made, I did clarify that statement to the redress. Now, my information at the beginning was from the Minister for Education and Science, here are some of the details;
    (1) payments to survivors of abuse will be made without the necessity to prove liability and without an admission of liability.
    (2) Claims will be accepted from people who allege abuse while they were as children, resident in respect of which State bodies had regulatory or supervisory functions.
    (3) The compensation scheme will accept claims for a period of three years from the establishment date.
    (4) The compensation awarding body will have as a chairperson a retired or serving senior judge and other members as required.
    (5) Validation of claims by claimants to the compensation body will be conducted without (WAIT FOR IT)cross-examination, with inquiries confined to establishing essential facts combined with medical/psychiatric assessment of a claimant.
    (6) Compensation will be paid for past,present and continuing damage caused by abuse. (Paddy,Please note my memoir is titled Damaged Goods).
    The legislation will provide guidelines for the amount of awards for different kinds of abuse and its effects. Nevertheless each case will be assessed on its individual merits.

    I was contacted by SOCA here in British Columbia and they sent me some of the paperwork that they said was the AGENDA meeting at the Archway Tavern in London, this not a good Idea, meeting in a pub ? give me a break. I looked at the individuals representing SOCA I did not have a clue who they were but thought I recognised one name, T. Foynes and thought maybe its the brother of Pat who served time with me in the institution back in the late 40s, however, look at the names that I separated from the bunch of about 19: Chair/Co-ordinator: M. Waters. Treasurer: N.Waters. Committee: A. Waters. T. Waters etc. ? Of course I did not reply and as I have previously stated nobody represents me and especially this watered down bunch. I personally would select Paddy Doyle to speak for me to the Irish Government, and that is my choice.
    Seanie.

  24. Paddy, I am so pleased to see this from Aosdana.

    Gagging and imposing all these penalties on the abused is double abuse.

    Under human rights a human being is a free sovereign human being with absolute right to freedom of expression.

    Justice must not only be done, but seen to be done.!!!!!!!!!!

  25. I’m starting a new Fringe Festival in Dublin 2010. It will be launched this September 2010 and coincide with the Theatre Festival and the Original Dublin Fringe Festival. Anyone with the following are invited to submit
    memoirs, novels, short stories, poetry, plays, film-scripts, etc., or in any other art form.

    Does anyone know if this ACT!!! applies to Ireland only.

    If you are interested in submitting rules are as follows

    You must be a SURVIVOR
    Their will be no “AWARD”
    (A person shall not publish any information concerning an application or an award made under this Act… )

  26. Who did what I came over to Ireland after 41 years. I have been asking myself ever since if there were real people behind the door of the Redress Board, I spent hours waiting. I felt that I was under an obligation. as far as things went. to accept their offer. But when i saw the tables .i was upset I thought I had time to consider the offer, but a paper I thought was just to say I had come was in fact the acceptance. Poor stupid me .

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