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European Court of Human Rights Judgments

Dáil Éireann Debate, Tuesday - 26 May 2015

Tuesday, 26 May 2015

Ceisteanna (882, 883)

Clare Daly

Ceist:

882. Deputy Clare Daly asked the Minister for Education and Skills her plans to address cases of historic abuse in national schools, which were withdrawn or are still in progress, following the European Court ruling in favour of a person (details supplied) in January 2014. [20390/15]

Amharc ar fhreagra

Clare Daly

Ceist:

883. Deputy Clare Daly asked the Minister for Education and Skills the action she proposes to take following interpretation of the European Court of Human Rights judgment in the case of a person (details supplied). [20391/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 882 and 883 together.

In its response to the ECHR judgment, the Government agreed that out of court settlements be offered in those cases of school child sexual abuse being brought against the State where the cases come within the terms of the ECHR Decision and satisfy the Statute of Limitations. In pursuing settlements, the State Claims Agency will be considering cases of school child sexual abuse where there was a prior complaint about the relevant teacher's sexual abuse to school authorities. The rationale for this approach is that these were the circumstances on which the European Court of Human Rights judgment was based.

The position in relation to those cases that were not progressed for a number of reasons, including those which might have been discontinued after receiving letters from the State Claims Agency is that I asked the Agency to undertake a review to clarify the exact position as to whether the cases had been formally discontinued or not. The Agency has completed its review and my Department is considering its report and has sought some clarification from the Agency. I expect to be in a position to report to Government on this matter shortly at which time the Government will consider whether any measures will be taken in relation to these cases.

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