Dáil Éireann Debate, Thursday - 17 January 2019
80. Deputy Clare Daly asked the Minister for Education and Skills the expected date for the publication of the review by a person (details supplied) of the compensation scheme for children abused in schools here. [2137/19]
View answerAs part of the implementation of ECtHR Judgement in the Louise O'Keeffe case, Mr Justice Iarfhlaith O’Neill, a retired High Court Judge was appointed in November 2017 as an independent assessor to assess cases where an individual has had an application for an ex-gratia scheme declined by the State Claims Agency.
Mr Justice O’Neill invited the Department to make a submission on ‘whether the imposition of the condition which required that there had to be evidence of a prior complaint of child sexual abuse on the part of the employee in question to the school authority (or a school authority in which the employee has previously worked), to establish eligibility for a payment under the ex gratia scheme, is consistent with and a correct implementation of the judgment of the European Court of Human Rights in the case of Louise O’Keeffe v. Ireland’.
The submission forwarded to Mr Justice O’Neill on 27th April can be accessed on my Department's website.
Mr Justice O’Neill subsequently provided copies of submissions received by him from solicitors representing applicants for assessment and from third parties and asked the Minister to address in particular ‘the legal status and/or legal effect in domestic law, of decisions/determinations of the Committee of Ministers in relation to the implementation/enforcement of judgments of the ECtHR.’ The submission forwarded to Mr Justice O’Neill on 14th September can be accessed on the Department's website.
Mr Justice O’Neill then received submissions from third parties responding to the submission of 14th September and has asked for my response. This response is being prepared and will be published on the Department's website.
Mr Justice O'Neill is independent in his role and function and his deliberations will be given in due course.
