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Human Rights

Dáil Éireann Debate, Tuesday - 6 July 2021

Tuesday, 6 July 2021

Questions (295)

Paul Murphy

Question:

295. Deputy Paul Murphy asked the Minister for Education further to Parliamentary Question Nos. 170 of 21 January 2021 and 1014 of 21 April 2021, if as part the examination by her Department of the ex-gratia scheme for compensation for school victims of child sexual abuse (details supplied) she will consider opening a compensation scheme for school victims of child sexual abuse who did not previously initiate legal proceedings against the State and although they were grievously hurt while in loco parentis care by the State, they were not eligible for compensation under the ex-gratia scheme as specified in the July 2015 scheme; and if she will make a statement on the matter. [35991/21]

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Written answers

As outlined in previous replies, my Department has undertaken a review of the ex gratia scheme established in the wake of the European Court of Human Rights (ECtHR) judgment. This review was in response to a determination by the Independent Assessor, Mr. Justice Iarfhlaith O’Neill, that one of the criteria for eligibility to the scheme is incompatible with the ECtHR judgement.

The issues involved require very careful deliberation before proposals for any new or modified scheme can be finalised and brought to Government. For example, it is important to have a complete awareness of the number of people who could potentially be involved, the legal implications of any course of action and an accurate estimate of likely costs before introducing any modifications to the scheme.

Officials from my Department are working closely with officials from the Office of the Attorney General in order to progress these complex matters. This work has now been significantly advanced, following some unavoidable delays due to the Covid-19 pandemic. A proposal for a revised scheme is being developed and, following this, the proposal will be considered by Government.

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