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European Court of Human Rights Judgments

Dáil Éireann Debate, Tuesday - 26 January 2016

Tuesday, 26 January 2016

Questions (434)

Micheál Martin

Question:

434. Deputy Micheál Martin asked the Minister for Education and Skills if she has sought legal advice on the European Court of Human Rights judgment in the O'Keeffe v. Ireland case; and if she will make a statement on the matter. [2959/16]

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Written answers

My Department has obtained legal advice in association with the Attorney General on the implications of the European Court of Human Rights (ECHR) judgement for cases current at the time of the judgement and new school child abuse cases. The Government subsequently 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 ECHR judgment and satisfy the Statute of Limitations.

In July of 2015, 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 ECHR judgment and where the claims were not statute barred prior to the proceedings being discontinued.

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