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

I can absolutely understand the concern that the Deputy has for people who were abused in this way. We have, as a State, a responsibility to support them in their difficulties. That has to be done through health services and through all the other services. The issue that the Deputy is raising is whether the State becomes responsible for what occurred in these schools and, therefore, liable to pay damages. The advice coming from the Attorney General there is that what the Louise O'Keeffe case established was that the State could be considered liable where there was such information available in advance and the State had failed to intervene. Where there was no such information available in advance, the State was not in a position to take precautions and therefore the judgment is that it was not liable. That is the interpretation. Of course lawyers will differ, but I have to rely on the Attorney General, the State Claims Agency, and solicitors to the State Claims Agency. These are the people who have to advise. One cannot avoid the fact that once one starts moving the posts and admits other circumstances, moving away from the ruling, there is no end and no principle that one can apply. That is the difficulty. One potentially opens the State to huge claims.

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