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

I thank the Deputies for raising this issue. I am very much aware of the stress suffered by individuals who have suffered from sexual abuse. I have met such people and understand the concerns expressed by the Deputies. The historical legacy of sexual abuse in Ireland is appalling.

The redress scheme, established under the Residential Institutions Redress Act 2002, was intended to deal with very particular circumstances, namely, the abuse of children that occurred while the State was acting to a significant degree in loco parentis, that is, where children had been removed by the State from their parents and placed in institutions for their protection and welfare. The redress scheme has not been extended to any institutions since 2005 and it has been closed for applications since September 2011.

The school referred to by the Deputies was not a residential institution, was not listed on the schedule of institutions covered by the legislation and, because it was a day school, was not eligible for inclusion within the redress scheme. While there were calls for the redress scheme to be extended to other types of institutions and to day schools, the Government decided not to extend it. The redress scheme was set up for particular types of institutions where children were placed in the care and protection of the State and did not have access to parental guidance or influence.

In the Louise O'Keeffe case, the European Court of Human Rights has found that the State has liability in these cases in specific circumstances, namely, where there was a prior complaint against the abuser in question and where the case is not statute barred. In its response to the O'Keeffe judgment, the Government agreed that out-of-court settlements should be offered in those existing cases of school child sexual abuse being brought against the State where the cases come within the terms of the ruling and are not statute barred. The State Claims Agency, which manages such cases on behalf of the State, has made settlement offers in six such cases, which have been accepted. Subsequently, in July 2015, the Government approved proposals on the same basis to offer ex gratiapayments up to a maximum of €84,000 to those who initiated legal proceedings in cases of school child sexual abuse against the State but who subsequently discontinued their claims against the State.

Persons who believe their cases come within the criteria can contact the State Claims Agency and provide supporting evidence. At this stage, I cannot say how many cases in this category will satisfy these criteria. Where there is a disagreement between the State Claims Agency and the individual as to whether his circumstances come within the terms of the European Court's judgment, provision is being made for the application to be reviewed by an independent assessor. In these settlements, the State will not be covering the liabilities of the perpetrators, school managers or patrons, or other co-defendants. A person who suffered abuse or injury in school had recourse to report the matter to the relevant school or statutory authorities. While the redress scheme has been closed since 2011, victims of sexual assault, like other injured persons, may bring personal injury cases for compensation through the courts for the injuries and loss they have suffered.

See this speech in context