Seanad debates

Tuesday, 4 February 2014

3:25 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail) | Oireachtas source

I also commend Joe O'Connor on his statement in this regard.

I ask the Leader of the House to arrange for the Minister for Education and Science to come to the House to outline the Government's reaction to the decision of the European Court of Human Rights, ECHR, on 28 January 2014. This majority decision - 11 to six - related to the case of Louise O'Keeffe which she courageously fought for 15 years. She fought it through the courts, including the High Court and the Supreme Court, and they all turned her case down. The ECHR in Strasbourg has concurred with her. It is interesting that the acting judge from Ireland, Peter Charlton, was on the minority side and opposed the decision of the majority. He was acting for Judge Ann Power-Forde who had to stand aside in this case because of some previous decisions or situations, and rightly so. It raises many issues. The Tánaiste spoke about it on Sunday and the Minister for Education and Skills spoke about it yesterday. There does not seem to be any coherent Government response to this case. The State has a responsibility to children and did not act in a proper manner. It is very easy for the State to say that it washed its hands and that it was the responsibility of the board of management, the local clergy who appointed teachers and the bishop who was a patron of the school. In this regard, the State paid for the teachers and inspectors were visiting schools, yet they could not and did not detect the abuse that occurred in this particular school in Dunderrow in Cork. There are many cases throughout the country where children were let down by the State. I commend the decision of the court in awarding damages to Louise O'Keeffe but it will certainly open the floodgates. There will be numerous claims against the State and it could cost as much as the Residential Institutions Redress Board. I would like a debate here with the Minister for Education and Skills to find out exactly the State proposes to do in this regard.

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