Written answers

Wednesday, 22 April 2015

Department of Education and Skills

EU Court Rulings

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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15. To ask the Minister for Education and Skills if, with regard to the ruling by the European Court of Human Rights in the case of a person (details supplied), 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. [15505/15]

Photo of Jan O'SullivanJan 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 however, there is agreement on the value of the claim, the Agency may seek to initially settle the claim on an equal basis, with the actual apportionment of liability among the co-Defendants being subsequently determined by the Court.

I will be reporting 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.

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