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

I understand what the Deputy is saying, but the advice I receive is consistent. Where the liability of the State fell clearly on the State, that occurred in residential institutions, where the State was responsible for overseeing these institutions. As the Deputy knows, the liability, which was met by the State, came to €1.5 billion and continues to grow. We have sought, to some degree unsuccessfully, contributions from the religious orders in that respect. My understanding is what the Attorney General and others have said is that the reason, in the Louise O'Keeffe case, that liability fell on the State was because there was advance knowledge about this person. There had been prior complaints against the individual. That is what created the liability for the State. The State should have been in the position when there was such a complaint to provide protection. That is why a claim was successfully achieved against it, and that is the principle that is being applied in these other cases. If the State was not aware or there was not prior knowledge of this complaint, the establishment of liability on the State for sexual abuse in primary schools - which is what we are talking about and which is a very substantial number of children over many years - is not established, so I cannot make decisions that would potentially expose the State to very substantial sums of money, as the Deputy suggests.

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