Mary Hanafin (Dún Laoghaire, Fianna Fail)

I sympathise greatly with Ms O'Keeffe for the suffering that she was put through by her primary school teacher in the 1970s. I have heard her speak in recent weeks and it is clear that she is still in a great deal of pain. There is no doubt that a great wrong that was done to her when she was just a little girl and that this naturally still hurts her deeply. However, while I have great sympathy on a personal level for the awful things that happened to her, the court has found that the State was not responsible for this.

The education system has long been structured on the basis that our schools are run by local management — in the form of the school manager as it was in the 1970s or, nowadays, the board of management — in whom legal responsibility is vested. The judge, therefore, found that the Department of Education and Science had no legal responsibility in this case. Indeed, the judge, in finding against Ms O'Keeffe, commented that had the proceedings been brought against the diocese, the action may well have had a more favourable outcome. This is very much in line with previous case law which supports the view that with the exception of pay issues, the Minister does not employ teachers. While I genuinely sympathise with Ms O'Keeffe for the suffering she endured, the court has found that the State was not liable for this.

The State has a responsibility to the taxpayer to fight cases where it knows it has a strong defence. In that context, it is also natural to seek an order for costs when it successfully defends a case. However, when it comes to pursuing costs, in cases such as this the State is anxious to balance the need to be responsible to the taxpayer with a strong desire to treat people like Ms O'Keeffe in a humane and sensitive manner. In this regard, Deputies will be aware that the State Claims Agency has stressed that it deals with each case individually and that its approach in this case will be measured and sensitive.

While the agency has responsibility for deciding on the issue of costs in this case, it will consult my Department before making a decision. I have asked my Department to convey my view to the agency that the issue of costs should be dealt with sympathetically. Before a final decision on this matter can be taken by the State Claims Agency, it will have to engage with the solicitors for the plaintiff so that it can take full account of her circumstances. I understand arrangements for that process are being put into place.

See this speech in context