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

The legacy of sexual abuse against children, whether in residential institutions, day schools, or in any other setting, is truly appalling. It is impossible even to imagine what some of these people have gone through. I have enormous sympathy for anyone who suffered abuse. When the trust between a child and an adult responsible for his or her care is breached, the child's life is altered completely.

It has been a major project of recent Governments to deal compassionately, humanely and fairly with the victims and survivors of abuse. In the Louise O’Keeffe case, in January 2014, the European Court of Human Rights 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 the three years since the O’Keeffe judgment the Government has submitted six action plans to the Council of Europe outlining the response of the State to the issues identified in the ruling. These include the review initiated by the Government of current and planned child protection mechanisms in the school system to ensure that they meet best practice standards. The action plans also refer to various legislative developments, particularly the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, which was commenced in April 2016 and requires vetting of all staff to be undertaken. In addition, the Teaching Council (Amendment) Act, 2015, aIl sections of which were commenced by November last year, provides for the vetting of all teachers. The Children First Act 2015, a number of sections of which have been also been commenced, provides for the mandatory reporting of incidences by persons in positions of responsibility. The action plans also refer to the updated child protection guidelines for schools in respect of the commencement of statutory requirements for Garda vetting.

On the question of compensation, the Government has put in place a process to provide compensation for all victims of sexual abuse who come within the terms of the judgment. Following the Louise O’Keeffe judgment, the Government agreed that out of court settlements be offered to survivors of abuse whose cases come within the terms of that ruling and are not statute barred. Subsequently, in July 2015, the Government approved proposals, on the same basis, to offer ex gratia payments 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.

Persons who believe that 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 their 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, 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 to the statutory authorities. Victims of sexual assault may bring cases for compensation through the courts for the injuries and loss they have suffered.

While I cannot comment on individual cases, where plaintiffs institute claims against the State in relation to historic child sexual abuse which are not statute barred and come within the terms of the Louise O’Keeffe ruling, the State Claims Agency is authorised to make settlement offers. The agency continues to engage with litigants’ solicitors to clarify the circumstances of new cases and to make settlement offers where the claims come within the terms of the European Court’s ruling and are not statute barred. Survivors can submit their details to the State Claims Agency. Where the agency does not accept that the criteria are met, the facts will be reviewable by an independent assessor who is being appointed.

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