As you are aware, the ex gratia scheme was established on foot of the specific circumstances arising from and in response to the judgment of the European Court of Human Rights (ECtHR) relating to Louise O'Keeffe.
The Department undertook a review of the scheme in response to a determination by the Independent Assessor, Mr Justice Iarfhlaith O’Neill that one of the criteria for eligibility is incompatible with the ECtHR judgement.
The issues involved are highly sensitive and complex and require very careful deliberation before proposals can be finalised and brought to Government. It is important to have a more complete awareness of the extent of the problem, 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 closely engaged with officials from the Attorney General’s office to work through these complex matters. This work has now been significantly advanced, following some unavoidable delays due to the pressure on the Department of Education in dealing with the pandemic. A proposal for a revised scheme is now being finalised for legal advice in consultation with officials in the Attorney General’s office and following this, the proposal will be considered by Government.