Repeal unconstitutional Indemnity Deal 2002 & all Subsequent Legislation and waivers!Separate Church & State!Seize Assets & Share between Industrial School Survivors & Magdalene Laundries.
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Article 44.2.2 of the Constitution, which states that “the State guarantees not to endow any religion”.
Article 44.2.2 “must be interpreted as preventing the State from bestowing financial largesse upon favoured religious bodies, in whatever form; the congregational indemnity must be considered equivalent to a subsidy for religious bodies, and therefore as constitutionally unsound”
Indemnity Deal 2002 was never Ratified by Government of the day!
The deal was inadequate to cover even the costs of Commission into Child Abuse CICA, let alone any compensation, but it remained secret until revealed by the media in January 2003. Further, the deal was completed under a caretaker government, at the time of the 2002 election, on the last day possible, and could thus neither be approved by Cabinet nor be debated in the Dáil.
Mr. Woods was criticised by Fine Gael leader Enda Kenny amidst calls to reopen negotiations!
Minister for Education Ruairi Quinn has said the Government does not want to bankrupt any religious orders as they seek to make up the short fall in the €1.46bn redress fund for institutional abuse.
Yet the Religious Orders Have not Complied with the Original Indemnity Deal! Even Though the Congregations are Reportedly worth congregations worth ‘€20 billion’
The correspondence between Mr Quinn, his department, and the 18 orders covered under the indemnity deal has now been deemed eligible for release under the Freedom of Information Act. These revealed the frosty exchanges between the sides.
The most significant struggle involved the Sisters of Mercy, which owns 96 schools worth €281m and which transferred a further 66, worth €412m, to the Ceist religious trust.
It made an additional offer of €20m towards the new statutory fund, and property it valued at €107m. This offer was dismissed as inadequate and overvalued.
Following meetings with the department, the order wrote a letter making it clear its voluntary contribution in response to the Ryan Report “was not a matter for negotiation”.
It said it would not participate in any attempt by the State to revalue its post-2009 offer and it wanted the Programme for Government changed.
“We are not willing to enter negotiations with Government towards its fulfilment of school infrastructure which it made in its Programme for Government for the transfer of school infrastructure,” the order wrote.
In a memo to Mr Quinn, department officials said the compromised proposal, to transfer school sites without changing control, had been put to the 18 orders. Fifteen did not respond and the three that did express an interest only owned 16 schools between them.
The Sisters of Mercy are the owners of the Mater hospital. The Sisters of Charity are the owners of St. Vincent’s Hospital.
Both hospitals may refuse to perform life-saving abortions because this might conflict with their religious ethos.
Both orders have refused to contribute to a compensation fund for the victims of the Magdalene Laundries owned and run by them.
Two religious orders that ran slave institutions are the owners of publicly funded hospitals.
What is more, the Sisters of Mercy and the Sisters of Charity operated various industrial schools. The Commission to Inquire into Child Abuse report concluded that there was a ‘high level of severe corporal punishment’ in Goldenbridge, an institution run by the Sisters of Mercy.
It is time that the State and Church where permanently Separated!
The Tail has Wagged the Dog for Long Enough!
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