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Dáil Éireann debate -
Wednesday, 18 Nov 1998

Vol. 496 No. 7

Written Answers. - Child Abuse.

Monica Barnes

Question:

74 Mrs. Barnes asked the Minister for Health and Children the steps, if any, he is taking to ensure the implementation of the recommendations contained in the report of the review group on the McColgan child abuse case; and if he will introduce legislation to amend the Statute of Limitations in its application to civil actions arising out of incidents of child abuse. [23970/98]

Alan Shatter

Question:

144 Mr. Shatter asked the Minister for Health and Children the steps, if any, he is taking to ensure the implementation of the recommendations contained in the report of the review group on the McColgan child abuse case; and if he will introduce legislation to amend the Statute of Limitations in its application to civil actions arising out of incidents of child abuse. [23955/98]

I propose to take Questions Nos. 74 and 144 together.

One of the most pertinent findings of the review group which examined the McColgan case was that if such a case was to present itself today, the response of the North-Western Health Board would have been more efficient in protecting the children. Major changes which have occurred include the implementation of the Child Care Act, 1991, and the investment of £2.6 million in the development of the board's family support and child protection services in the period 1993-1998.

The establishment of a social services inspectorate is a priority for my Department, and the chief inspector will be appointed by the end of the year. The inspectorate will be invaluable to the on-going review of standards of child protection services in all health boards.

I have asked officials in the Department to study the recommendations of the report and all health boards have been asked to examine the report and recommendations carefully and to implement any changes which will enhance child protection practices in their areas. The current position in regard to the implementation of the recommendations of the report of the review group will be discussed at a meeting to be arranged between officials of my Department and the health board programme managers for child care.

The position regarding the Statute of Limitations is that the Statute of Limitations, 1957, already provides a period of three years for the commencement of personal injuries proceedings — whether against the State or a private defendant — beyond which the proceedings may be struck out because they were not commenced in time. The statute also provides that the three-year period shall not be regarded as starting to run where the plaintiff is under a legal disability namely, not of full age.

The Statute of Limitations (Amendment) Act, 1991, amended the law so that the three-year limitation period runs from the date on which the injured person discovers, or could reasonably have discovered, that the injury occurred, if this date is later than the act or omission leading to the injury. I understand that this Act substantially implemented the recommendations of the Law Reform Commission's report on the Statute of Limitations — Claims in Respect of Latent Personal Injuries (LRC 21-1987) and that it removed constitutional doubts that had emerged regarding the law in this area. While there are no proposals for a change of the specific type outlined in the Deputy's question, I can say that the law is kept under review on an ongoing basis.
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