Enda Kenny (Mayo, Fine Gael) | Oireachtas source

This Bill is listed for publication this year. This is an enormously sensitive issue for those involved and there are legal and constitutional issues that must be clarified before the Bill can progress further.

In respect of the case of Louise O'Keeffe, I was glad that Ms O'Keeffe accepted my apology and that of the Tánaiste for the horrendous experience she went through as a young girl in the school she attended. The Government is mindful that it should follow the binding ruling of the European Court of Human Rights and make the payments due under that judgment. It has six months to submit a reply in full detail to the Council of Europe, which will be presented by the Tánaiste and Minister for Foreign Affairs. All of the issues raised by Deputy McDonald here will be dealt with in so far as possible in preparing for that presentation.

As the House is aware, the judgment is one of exceptional complexity, given our High Court and Supreme Court determine the clarity of what Irish law means. In terms of our legislation and jurisdiction, the Supreme Court is the final arbiter in that regard. The difference between what it decided and what the European Court of Human Rights decided is a matter that must be considered in the preparation of the report that is to be submitted within six months to the Council of Europe. The issues the Deputy raised and others will be dealt with in the context of the preparation of that report. For now, the Government accepts the binding nature of the ruling and will make arrangements, through the Minister, to make the payments due quickly and speedily and will then move on to deal with the broader implications of this complex report.

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