Olwyn Enright (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Question 215: To ask the Minister for Education and Science the person in his Department who is in charge of the full review of the file and report committed to by him (details supplied); the terms of reference for this report; when it will be completed; and if he will make a statement on the matter. [24315/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
Link to this: Individually | In context

I wish to advise the Deputy that I have already reviewed this matter myself on foot of a detailed report received from the Residential Institutions Redress Unit of my Department.

I sympathise very much with the position of the person referred to by the Deputy. I appreciate that in 1982 he approached the Department to advise it of the abuse he had suffered, and that the teacher who had abused him was still teaching in the school system. I acknowledge that the Department's handling of that complaint was grossly inappropriate and inadequate and I apologise to him for the manner in which that complaint was dealt with.

I can imagine that it must have taken considerable courage on his part to come forward in the manner he did. This makes the handling of his complaint all the more unacceptable. While I sympathise very much with his position, I must inform you that there is no basis for changing the State's position with regard to his legal proceedings.

The abuse in this case occurred in a primary school. My Department was not aware of the abuse at the time it occurred and therefore could not have done anything to prevent it happening. It would not be fair or reasonable to hold my Department liable for acts or events of which it had no knowledge at the time, and which it could not have prevented. For this reason my Department cannot accept liability in the matter.

As you are no doubt aware, the State cannot be held vicariously liable for the actions of a teacher given that the State is not the employer of teachers in schools. This position has been supported by the recent judgement delivered in the O'Keeffe case.

The fact that his subsequent complaint was not properly dealt with, while completely unacceptable in terms of proper handling of complaints, cannot make the State liable for abuse which (at the time it occurred) the State was not aware of and so could not have prevented it.

I have every sympathy for anybody who was the subject of child abuse. In the circumstances however I regret to say that the State cannot accept liability in these particular proceedings.

Olwyn Enright (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Question 216: To ask the Minister for Education and Science if he has or will conduct a full audit of all files in his Department relating to allegations of abuse, including those where no complaint was made to the Laffoy-Ryan commission; the number of complaints in his Department; and if he will make a statement on the matter. [24316/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
Link to this: Individually | In context

My Department's procedure for dealing with complaints of abuse are that all complaints are referred to the HSE which has statutory responsibility for dealing with such allegations. Similar procedures existed in the past. In the case of criminal investigations the Gardaí are the appropriate authority and my Department's policy is to provide the Gardaí with any papers or records they require.

As the Deputy may be aware the issue of exchange of information in the context of child protection was considered by the Joint Committee on the Constitutional Amendment on Children. Following the receipt of the Committee's interim report the Minister for Children and Youth Affairs, in cooperation with Department Justice Equality and Law Reform colleagues, has commenced the process of preparing legislation in this area. Further consideration will be given to the historic complaint files in my Department in that context.

In relation to complaints made to the Commission as Minister for Education & Science, I would have no access to individual complaints made to that body as the Commission is completely independent in the performance of its functions and most of the people who participated in the process did so on an entirely confidential basis. I can tell you, however, that my Department co-operated fully with the Commission to Inquire into Child Abuse in relation to the provision of documentation on foot of a number of Discovery Orders.

Olwyn Enright (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Question 217: To ask the Minister for Education and Science if he has requested the Attorney General to meet with a person (details supplied) in County Offaly and his legal representation. [24317/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
Link to this: Individually | In context

I wish to advise the Deputy that, having had the file in this particular case reviewed, I do not feel that there is any benefit in requesting the Attorney General to become involved in this matter.

I sympathise very much with the position of the person referred to by the Deputy. I appreciate that in 1982 he approached the Department to advise it of the abuse he had suffered, and that the teacher who had abused him was still teaching in the school system. I acknowledge that the Department's handling of that complaint was grossly inappropriate and inadequate and I apologise to him for the manner in which that complaint was dealt with.

I can imagine that it must have taken considerable courage on his part to come forward in the manner he did. This makes the handling of his complaint all the more unacceptable. While I sympathise very much with his position, I must inform you that there is no basis for changing the State's position with regard to his legal proceedings.

The abuse in this case occurred in a primary school. My Department was not aware of the abuse at the time it occurred and therefore could not have done anything to prevent it happening. It would not be fair or reasonable to hold my Department liable for acts or events of which it had no knowledge at the time, and which it could not have prevented. For this reason my Department cannot accept liability in the matter.

As you are no doubt aware, the State cannot be held vicariously liable for the actions of a teacher given that the State is not the employer of teachers in schools. This position has been supported by the recent judgement delivered in the O'Keeffe case.

The fact that his subsequent complaint was not properly dealt with, while completely unacceptable in terms of proper handling of complaints, cannot make the State liable for abuse which (at the time it occurred) the State was not aware of and so could not have prevented it.

I have every sympathy for anybody who was the subject of child abuse. In the circumstances however I regret to say that the State cannot accept liability in these particular proceedings.