Written answers

Tuesday, 19 July 2011

Department of Justice, Equality and Defence

Criminal Prosecutions

10:00 pm

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael)
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Question 381: To ask the Minister for Justice and Equality the legal measures he will take in order to remove the protection afforded by the statute of limitations in civil cases regarding child abuse, where there has been either a guilty plea or a criminal conviction in a criminal court; and if he will make a statement on the matter. [20719/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As the Deputy will be aware, there is no statute of limitations for the bringing of criminal proceedings on indictment and while the normal rule where civil claims are concerned is that claims must, depending on the type of claim, be brought within a certain period of time, there are important exceptions. Under the Statute of Limitations (Amendment) Act 2000, the period for bringing civil claims in respect of child sexual abuse is suspended for the duration of such period where the plaintiff is suffering any psychological injury caused by the defendant's acts. Moreover, where criminal proceedings have already taken place the rules of civil evidence are such that the evidence of those proceedings can be adduced in the civil proceedings.

The scope for going beyond what is already provided for in the Act of 2000 is limited and there are constraints. I do recognise the issue raised by the Deputy and assure him that my Department is actively reviewing the operation of the law in this area. The Law Reform Commission is expected to finalise its report on the Statute of Limitations in the near future and account will be taken of its recommendations in the context of any proposals for legislation that I may develop on periods of limitation.

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