Dáil Éireann Debate, Tuesday - 6 November 2018
299. Deputy Thomas Byrne asked the Minister for Education and Skills the status of the publication of a report regarding the development of a pathway to redress for victims of convicted sexual abusers commissioned following the passage of a Private Member's motion in Dáil Éireann on 4 July 2018; and if he will make a statement on the matter. [45035/18]
Amharc ar fhreagraAs you know, the State Claims Agency (SCA) manages school child sexual abuse litigation being taken against the State. In December 2014, the Government authorised the SCA to offer “out of court” settlements to persons taking cases of school child sexual abuse against the State where their cases come within the terms of the ECHR judgment in the O’Keeffe case and are not statute barred.
The State’s approach to out-of-court settlement offers in this situation is based on its interpretation of the scope of the European Court’s judgment. That interpretation is that the ruling applies to cases involving sexual abuse of a school child by a school employee in respect of whom there was a prior complaint of sexual abuse to a school authority made prior to the introduction of the Department of Education child protection guidelines issued to primary and post-primary schools in 1991 and 1992 respectively. In addition, the case must not be statute barred.
Justice Iarfhlaith O’Neill was appointed by my predecessor in November 2017 to act as an independent assessor in relation to determinations of the SCA on eligibility of applicants to the ex-gratia scheme.
Following an initial 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', Mr Justice O'Neill invited a further submission 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. ’
Both submissions can be accessed on the Department's website. Mr Justice O’Neill has invited solicitors representing applicants for assessment and other third parties for their views on the latest submission.
