Trevor Sargent
Question:432 Mr. Sargent asked the Minister for Education and Science if he will ensure that persons (details supplied) who were day pupils are included in the compensation scheme being considered. [30980/01]
Written Answers. - Compensation Payments.
The Deputy will be aware that the Residential Institutions Redress Bill, 2001 proposes a scheme of compensation for a particular set of circumstances. These arise from widespread public concern about abuse of children while they were in care in institutions over which the State had significant supervisory or regulatory responsibilities, in particular in orphanages, industrial schools and reformatory schools. I have previously outlined why the scheme applies to these institutions and not to other places, including ordinary schools, where children suffered abuse. I have referred to the fact that the children concerned were separated from their parents and as they did not enjoy the care and protection which children in the care of their parents normally enjoy, they relied to a significant extent on public bodies who had statutory duties to protect them. These considerations do not apply to day schools where public bodies did not have the kind of supervisory functions, powers or duties which applied in the residential institutions and the children themselves were resident with their families.
People who as children suffered sexual abuse in schools have, however, other ways in which they may seek compensation from those who were responsible for their abuse. Amendments to the Statute of Limitations recognise that a person who suffered sexual abuse in childhood may not have been in a position, due to the abuse suffered, to take legal action against the abuser. Normally a person would only have three years from the date on which he or she attained his or her majority to bring such an action. The statute now provides that the normal period of three years within which a person can bring an action will not apply where the delay in bringing the action resulted from the abuse itself, for example, suppressed memories of abuse.
Following an amendment to the Statute of Limitations made by this Government, provision was made for people who suffered sexual abuse and who were advised that their claims were statute barred. To assist such people in bringing claims, provision was made for a special one-year period, from June 2000 to June of this year, to allow such a person to commence actions against his or her abusers. As regards other kinds of abuse and the application of the statute, the Law Reform Commission has published a discussion document on the broader issue of limitation periods in those cases and is considering the issues further.
Finally, one of the functions laid down in the Commission to Inquire into Child Abuse Act 2000, requires the commission to advise the Government on the actions that may be taken to alleviate the damage suffered by persons who were abused in childhood. The commission process is open to all people who suffered abuse in childhood, except where the abuse occurred in a family home. The commission may have views on how issues of compensation for abuse in ordinary schools can be dealt with.