Ruairi Quinn (Dublin South East, Labour)
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Question 530: To ask the Minister for Education and Science if he is seeking costs against a person (details supplied) in the Supreme Court; if he will pursue the costs if the Supreme Court rules in favour of his Department; and if he will make a statement on the matter. [9747/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I wish to advise the Deputy that, in relation to cases taken against my Department by persons who were abused whilst pupils in day schools, the State's position is that it should not have been sued because the Minister for Education & Science has no direct involvement in the daily running of a school. The manager of a school is directly responsible for the day-to-day operation and governance of a school. This position has been clearly conveyed to all such parties engaging in legal proceedings against my Department.

In relation to the case raised by the Deputy, the matter is being handled by the State Claims Agency on behalf of the State. Judgement has been reserved on the issue of costs which was heard on Monday 23rd February. It was necessary to have such a hearing as the person in question was seeking her costs against the State. The State had to make a case for its costs given that the State was not found liable by either the High Court or the Supreme Court.

The Supreme Court was told by counsel for the State that, while an award of costs against the Plaintiff was being sought, the matter of enforcement would be treated with great sensitivity. Our desire is to find a fair balance between the need to protect the taxpayer against costs incurred in defending cases where the Courts have decided that the State has no liability and to treat people humanely at the same time. As I have already publicly stated, there is no question of the State seeking to take this person's house.

However, any person who pursues a legal action against another party should be appropriately advised and fully aware in advance that failure to win the action will most likely result in full costs being awarded against them. My Department cannot sustain a position whereby persons can take cases against the State on the basis that, win or lose, they would get their costs. This is not a financially sustainable position and would be grossly unfair to the taxpayers of this country.