Dáil Éireann Debate, Tuesday - 25 October 2016
217. Deputy Carol Nolan asked the Minister for Education and Skills if there are currently time limits set down by legislation during which a survivor of school child sex abuse may take a case before the courts; if there are any circumstances in which this can be set aside in the interests of justice; and if he will make a statement on the matter. [31845/16]
View answerThe various legislation dealing with the Statute of Limitations generally provides that an injured party has two years from the date the cause of action arose to initiate a personal injuries claim.
When a claim involves a minor, the date of knowledge of an injury is in fact the minor victim's eighteenth birthday i.e. the Statute of Limitations for personal injury claims in Ireland for children does not start until the child reaches his or her majority (eighteen years of age).
The legislation also provides that if a person is under a disability such that they are not in a position to initiate a claim, the two year period only commences once they cease to be under the disability. A person is also deemed to be under a disability if she/he is suffering from a psychological injury that was caused by sexual abuse perpetrated by the wrongdoer and which is of such significance that the victim's will or ability to decide to bring proceedings is substantially impaired.
As well as the aforementioned exception to the two year limit on the period allowed to take a personal injuries claim, if the injured party had no knowledge that their injury was caused by the wrong committed by another person, the two year time period only commences on the date they first had that knowledge.
