Stephen Donnelly (Wicklow, Fianna Fail)
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The Magdalene Restorative Justice Ex-Gratia Scheme was established in 2013 by the then Department of Justice and Equality on foot of the recommendations contained in the Magdalen Commission Report by Judge Quirke.

In his report, Judge Quirke outlined that Magdalen women should be provided with access to a comprehensive suite of health services. He specified GP services, prescribed drugs, medicines, aids and appliances, dental, ophthalmic, aural, home support, home nursing, counselling, chiropody and physiotherapy services and conveyed the view that the health provisions should operate in a manner similar to the scheme made available to certain persons under the Health (Amendment) Act 1996. Subsequently, these services were agreed by Government and were legislated for by the Redress for Women Resident in Certain Institutions Act 2015 (RWRCI Act).

It has been commented on that Judge Quirke’s report also included the recommendation that Magdalen women should have access to the full range of services currently availed of by holders of the Hepatitis C HAA card. However, the HAA services differ from the range of services explicitly recommended in the report and this difference was not reconciled in the report. However, Judge Quirke’s report acknowledged that the HAA services were reproduced for illustrative purposes and recognised that not all of the HAA services described may be relevant to the Magdalen women. The Act is based on the specific areas recommended by Judge Quirke.

Eligibility for HAA services is based on the Health Amendment Act 1996. The purpose of the 1996 Act was to meet the health care needs of persons who contracted hepatitis C from a blood product or blood transfusion. It is generally accepted that these hepatitis C patients are a particularly vulnerable group who have specific health needs as a result of their infection. It is apparent that the Quirke Report recognises that the Magdalen women and the groups of people who contracted hepatitis C are not identical and face different circumstances. In that light, it is not unreasonable to provide eligibility for services tailored to women who were admitted to and worked in a relevant institution and who are now facing medical circumstances that are typical of that age cohort. It should be noted that Judge Quirke did not identify complementary therapies, such as reflexology, aromatherapy, massage, hydrotherapy and acupuncture, or other alternative therapies as health services meeting the medical needs of the women.