Bertie Ahern (Dublin Central, Fianna Fail)

Deputy Kenny is correct. I apologised to those who were in institutions because in the institutions the State had a full obligation. I have never stopped taking criticism from the Opposition in this House for that matter, but that is neither here nor there.

Boards of management are not sued as individuals but as boards of management, and they have indemnity insurance on that issue, which has been made quite clear. While members of boards have a responsibility to ensure procedures are in place to keep their pupils safe and to investigate any allegations of abuse, they are not personally liable for claims against the school.

Boards of management are a corporate entity and can be sued. However, the Education Act provides that the individual members who serve and who do a good job on boards, have protection. In addition, boards are required to have insurance policies to cover this. That is the legal position.

It is important that there is local responsibility and vigilance, but of course this does not mean volunteer members of boards being exposed to claims, which is the concern that individuals would have.

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