Charlie McConalogue (Donegal North East, Fianna Fail)
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1. To ask the Minister for Education and Skills with regard to the ruling by the European Court of Human Rights in the case of a person (details supplied), if she will commit to making compensation packages available to victims of abuse who were abused prior to a complaint being made against a perpetrator; if she will commit to ensuring those who had dropped their case against her Department, on the advice of the State Claims Agency prior to the European Court of Human Rights Ruling, will also be included in the Government's compensation scheme; if she will remove the payment cap on the scheme to ensure any award reflects the individual circumstances of victims; and if she will make a statement on the matter. [15670/15]

Charlie McConalogue (Donegal North East, Fianna Fail)
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The purpose of the question is to ask the Minister, with regard to the ruling by the European Court of Human Rights in the case of Ms Louise O'Keeffe, if she will commit to making compensation packages available to victims of abuse who were abused prior to a complaint being made against a perpetrator; if she will commit to ensuring that those who dropped their cases against the Department on the advice of the State Claims Agency in advance of the ECHR ruling will be included in the Government's compensation

scheme; and if she will remove the payment cap on the scheme to ensure any award reflects the individual circumstances of victims.

Jan O'Sullivan (Limerick City, Labour)
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Settlement discussions are being offered in cases coming within the terms of the European Court of Human Rights decision which satisfy the Statute of Limitations. In pursuing these settlements, the State Claims Agency will consider cases where there was a prior complaint about the teacher concerned. This is because these are the circumstances on which the decision was based.

The cap reflects the total amount paid by the State in the O'Keeffe case. While the Government will not meet the liabilities of other defendants, where there is agreement on the value of the claim, the agency may seek to initially settle the claim on an equal basis, with the apportionment of liability among the co-defendants being subsequently determined by the court.

I will report to government shortly to clarify the position of those who had not progressed their claims. The Government will then consider whether any measures will be taken.

Charlie McConalogue (Donegal North East, Fianna Fail)
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In announcing a compensation package following the decision of the European Court of Human Rights in the O'Keeffe case, the Minister stated:

I think anybody who has any feeling for someone who was sexually abused, must have regret for what Louise had to go through. She has been an extraordinary, courageous fighter all along... In the past, the State along with many other powerful institutions have failed children. We've left them alone and vulnerable to the worst possible threats... We need to face up to that responsibility and try to make amends for the grave failings of the past.

Jan O'Sullivan (Limerick City, Labour)
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I reiterate my words of regret and my admiration for Louise O'Keeffe and the way in which she has consistently pursued the issues surrounding the abuse she and others suffered.

With regard to the Deputy's specific question on discontinued cases, in other words, those involving individuals who received letters and subsequently withdrew from or discontinued their cases, we have asked the State Claims Agency to pursue this matter and check out all the cases in question before reverting to the Department. As the agency is still working on this issue, we have not yet received a full response.

With regard to the cap, the figure was arrived at on the basis of the money Ms O'Keeffe received directly from the State. The other aspects of the decision fall within the parameters of the judgment of the European Court of Human Rights. This is the reason for the amount being offered by the State. It should be noted that this is an offer and people may pursue cases through the courts if they so decide.

Charlie McConalogue (Donegal North East, Fianna Fail)
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The Department fought the victims and fought Louise O'Keeffe all the way through the High Court, Supreme Court and European Court of Human Rights, which overturned the previous decisions in Ms O'Keeffe's case.

It is clear the Minister's approach now is to do the absolute minimum to cover herself and the Department on this. Her approach does not have at its centre an acceptance of the hurt and damage that many of these victims experienced as a result of their abuse, nor does it try to address that. She is still taking a legal minimalist approach to the victims who have been failed. In response to the Department's decision to offer the compensation package only in the 45 cases in which the victims continued with their cases despite threats of being pursued for legal action, Louise O'Keeffe said: "It's a shocking discrimination, and it's like I told the Minister: she is giving a settlement to one and she is telling the other to go to hell." These are the words of Louise O'Keeffe, who fought the State all the way on this.

What assurance can the Minister give this morning to victims who have not been included in the compensation package that the State understands and accepts its responsibility in regard to them? Also, what assurance can she give in regard to the overall cap imposed by her? This, again, is minimalist and does not take into account the particular circumstances of individual victims. What assurance can the Minister give that she will revise that cap?

Jan O'Sullivan (Limerick City, Labour)
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With regard to the cap, that figure was arrived at by measuring the amount of money that was awarded to Louise O'Keeffe directly by the State. That is the reason for the figure, and in my view and that of the State, it is a fair offering in the context of the judgment of the European Court of Human Rights.

People are not obliged to accept that settlement, which is a settlement on behalf of the State for its part. In most cases, the person has also taken other parties to court, and I am sure the Deputy would agree with me the State should not take on the obligations of the other parties being taken to court by people who suffered abuse in schools. The State takes its responsibility seriously, and that is why it is making this offer, which I consider a fair offer to victims.