Dáil Éireann Debate, Tuesday - 22 September 2015
1202. Deputy Michael McNamara asked the Minister for Education and Skills her views that the State has a liability, pursuant to the judgment of the European Court of Human Rights in the O'Keeffe v. Ireland for abuse, whether sexual or non-sexual, suffered by school children in Irish schools; and if she will make a statement on the matter. [30552/15]
View answerIn its response to the European Court of Human Rights (ECtHR) judgment, the Government agreed in December 2014 that out of court settlements be offered in those extant cases of school child sexual abuse being brought against the State where the cases come within the terms of the ECtHR judgment and satisfy the Statute of Limitations. Subsequently, in July of this year, the Government approved proposals to offer ex-gratia payments up to a maximum of €84,000 to those who initiated legal proceedings in cases of school child sexual abuse against the State but who subsequently discontinued their claims against the State where, similarly, the circumstances of the claims come within the terms of the ECtHR judgment and where the claims were not statute barred prior to the proceedings being discontinued. To be eligible for the above settlement or payment arrangements cases must involve sexual abuse of a school child by a primary or second level school employee in respect of whom there was a prior complaint of sexual abuse to a school authority (including an authority of a school in which the teacher had previously taught), prior to the issue of the Department of Education guidelines to primary and post-primary schools in 1991 and 1992 respectively. This rationale has been adopted as it is the basis of the ECtHR judgment.
