Jack Wall
Ceist:44 Mr. Wall asked the Minister for Education and Science his plans to make reparation to those people who were the victims of abuse while pupils of day schools; and if he will make a statement on the matter. [28249/01]
Written Answers. - Child Abuse.
The needs of people who, as children, suffered abuse whether in ordinary schools, institutional care or other circumstances are many and complex. The same can be said of the measures which can provide reparation for past abuse, which can include all or some of the following – counselling, apology from those responsible, providing a listening forum and financial compensation.
The Government has put in place a range of measures to address the needs of adult victims of abuse in childhood. It has established, through the health boards, dedicated counselling services to victims of abuse, including people who, as children, were abused in day schools. Adult victims of abuse in childhood may also avail of the therapeutic and investigative services of the Commission to Inquire into Child Abuse, established last year under statute. This is a forum where the experiences of victims of abuse will be given a sympathetic hearing and where victims may, in addition, have their experiences inquired into and those responsible held accountable. For those victims of abuse who seek reparation in the form of compensation through the courts, the Government amended the Statutes of Limitation. In the case of a person who suffered sexual abuse and who was advised that his or her claims were statute barred, provision was made for a special one year period, from June 2000 to June of this year, to allow him or her to commence actions against his or her abusers. As regards other kinds of abuse and the application of the statute, the Law Reform Commission has published a discussion document on the broader issue of limitation periods in those cases and is considering the issues further.
At present the only proposals for the making of financial awards to victims of abuse in childhood, outside the judicial process, are contained in the Residential Institutions Redress Bill, 2001. This Bill does not include victims of abuse in day schools. It applies to orphanages, industrial and reformatory schools and similar institutions. These institutions were those over which the State had significant supervisory or regulatory responsibilities, mainly arising under statute. Children in the institutions were separated from their parents, did not enjoy normal parental care and protection and were under the control of the institutions at all times. They relied to a significant extent on public bodies to protect them and it is now all too clear that notwithstanding that duty some children were abused. The payment of public moneys as financial redress for abuse suffered in such cases is therefore appropriate. These considerations do not apply to day schools where public bodies did not have the kind of supervisory functions, powers or duties which applied in the residential institutions and the children themselves were resident with their families.
Finally, one of the functions laid down in the Commission to Inquire into Child Abuse Act, 2000, requires the commission to advise the Government on the actions that may be taken to alleviate the damage suffered by persons who were abused in childhood. The commission pro cess, as I stated earlier, is open to all people who suffered abuse in childhood, except where the abuse occurred in a family home.