Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I understand that in respect of the cases that have arisen, the State has offered an ex gratiapayment to those who suffered in this way. This payment is available to people and, as the Deputy recognised, many people have accepted it, which has allowed them to get some satisfaction without pursuing a lengthy, costly and difficult court case.

If people choose to pursue a continued case in the courts against the State, the State must assess the case being made. The State will not automatically concede in every case where this issue is being pursued in a legal way because there will be issues around the extent of State culpability which the State would be defending. I cannot give a blanket assurance relating to any court case that may be taken as to what position the State will take because the State must appraise on an individual basis the case that is being made, the extent to which it is culpable and the extent to which it should defend that case. The State must always take the details into account but it has recognised that injustice has been suffered here and while not acknowledging direct responsibility, it has recognised that the State ought to recognise that injustice and make a payment to the people affected. That is the position as I understand it.

I can get additional briefing for the Deputy but that is the general position that has been adopted. Ex gratiapayments are being made recognising the very difficult circumstances people suffered but if the issue of where liability and responsibility lie is being contested in the courts, each individual case must be assessed by the legal advisers and this will remain the case.

See this speech in context