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

I thank Deputy Byrne for raising this issue.

The legacy of sexual abuse against children and young people, whether in residential institutions, in day schools, or in any other setting, is appalling. It is impossible to even imagine what some of these people have gone through. It has been a major project of this Governments and those before it to deal compassionately, humanely and fairly with the victims and survivors of abuse. It is obviously important to distinguish between those cases where the State has some fault or liability as a result of its failures in the past to intervene to protect children and those cases where it does not. We must be bound by the judgments of the courts in this respect.

The European Court of Human Rights judgment in the case of Louise O'Keeffe, delivered on 28 January 2014, determined that there had been a violation by Ireland of certain articles of the convention and awarded the applicant €30,000 in respect of pecuniary and non-pecuniary damages and €85,000 in costs and expenses. The Government agreed in December 2014 that out of court settlements will be offered in those extant cases of school child sexual abuse being brought against the State where the cases come within the terms of the judgment and satisfy the Statute of Limitations. In this regard, the State Claims Agency, which manages such cases on behalf of the State, has made settlement offers which have been accepted in six cases.

In July 2015, the Government approved proposals to offer ex gratiapayments up to a maximum of €84,000 to those who initiated legal proceedings in such cases against the State but who subsequently discontinued their claims against the State where, similarly, the circumstances of the claims come within the terms of the European Court of Human Rights’ judgment and where the claims were not statute barred prior to the proceedings being discontinued. In addition, where other plaintiffs institute claims against the State in relation to historic school child sexual abuse which are not statute barred and their circumstances come within the terms of the court’s judgment, the State Claims Agency is authorised to make settlement offers in those cases.

Persons who believe that their cases come within the criteria can contact the State Claims Agency and provide supporting evidence. Where there is a disagreement between the agency and the individual as to whether their circumstances come within the terms of the European Court’s judgment, provision will be made for the application to be reviewed by an independent assessor.

I am aware of the view that the State's interpretation of the judgment is overly narrow, because of the requirement of a prior complaint of sexual abuse. I do not accept this. It is the State’s view, based on advice from the Attorney General, that the court’s judgment, in assessing whether there was a breach of Article 3, took into consideration the failure to act on the prior complaint of sexual abuse and that our interpretation of the judgment is a reasonable interpretation.

There has been consistent legal advice from the Office of the Attorney General, State Claims Agency, solicitors to the State Claims Agency and senior counsel to the effect that the approach being taken by the State is legally sound and our interpretation is consistent with the circumstances of the Louise O’Keeffe ruling.

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