Dáil Éireann Debate, Tuesday - 30 November 2021
348. Deputy Willie O'Dea asked the Minister for Education if she has given consideration to establishing a redress scheme for victims of child sex abuse at boarding schools similar to the scheme she has established for day pupils; and if she will make a statement on the matter. [58928/21]
View answerA revised ex gratia scheme to implement the European Court of Human Rights (ECtHR) judgment in O'Keeffe v Ireland, which concerned sexual abuse in day schools, is now open for applications. The Scheme, which was developed in consultation with the Office of the Attorney General, provides for ex gratia payments to be made to those who qualify to apply for the Scheme and who satisfy the criteria as set out in the Terms of Scheme. To qualify for a payment, an applicant must demonstrate that the facts of their case come within the parameters of the ECtHR judgment and, in particular, will have to satisfy the following criteria –
- Were sexually abused while a pupil at a recognised day school and that this occurred before November 1991 in respect of a primary school or June 1992 in respect of a post-primary school.
- That had the Guidelines for Procedures for Dealing with Allegations or Suspicions of Child Abuse, Department of Education 1991/1992 been in place at the time the sexual abuse occurred there would have been a real prospect of altering the outcome or mitigating the harm suffered as a result.
Under the Terms of Scheme, a recognised school is defined as a school that is recognised under section 10 of the Education Act 1998, as amended.
Ireland is committed to fulfilling its obligations in implementing the ECtHR ruling. This means that the revised scheme is designed first and foremost to provide a remedy to those who had issued and discontinued their proceedings against the State in respect of day school sexual abuse prior to the ECtHR ruling in O'Keeffe v Ireland and who did not receive a payment under the 2015 Scheme. However, the revised scheme goes beyond that group in that all others who issued legal proceedings against the State at a later date and up to 1 July 2021 in respect of day school sexual abuse, whether these proceedings are still in being, were discontinued at any point, or who had settled with the State, may also apply for an award.
As well as broadening the scope of the Scheme, the type and nature of evidence that will be considered by the State Claims Agency in respect of individual applications (and as set out in the Terms of Scheme) broadens the means through which an applicant can demonstrate that they fall within the terms of the ECtHR judgment.
Full details in respect of the Scheme are available on www.gov.ie/en/service/90a42-revised-ex-gratia-scheme/. Contact details for my Department for those wishing to apply to the scheme and who require any further information are also provided.
