Dáil debates

Tuesday, 22 May 2018

2:10 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

The Taoiseach is not dealing with this in the most sensitive manner possible, he is dealing with it in the most insensitive manner possible. The prior complaint is a device to circumvent the Government's responsibilities. There is only one case in Dunderrow relating to the prior complaint regarding an abuser. Most children in primary school do not disclose that they have been abused until years later. Are we seriously suggesting that prior complaint is legitimate where a child has been abused, where the paedophile rapist has been convicted and is in jail as a result of his conviction and where there is absolutely no doubt that the most appalling abuse was visited upon a person? We have forced that person through the High Court, the Supreme Court and the European Court of Human Rights, and the Government is still saying that the person is entitled to no redress and is entitled to nothing because of a legal device that has been implemented to eliminate liability and not admit it.

That is a shocking scandal in itself. In recent weeks, we have been talking about trying to end this adversarial approach. I have not come across anything as bad as this. The trauma of the victims is intense, which is the only reason I am raising this again on the floor of the House. The Government must change direction because what it is doing to the victims who are trying to seek legitimate redress as a result of being abused in primary school is inhumane. The European Court of Human Rights has ruled; it is time that we, as a State, accepted our responsibility and that the Government does the right thing by the people involved.

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