Michael McNamara (Clare, Labour)
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1201. To ask the Minister for Education and Skills the steps she has taken, or will take, to address the allegations made by a person (details supplied) in County Clare to her Department that they suffered from physical, non-sexual child abuse while at school; and if she will make a statement on the matter. [30551/15]

Jan O'Sullivan (Limerick City, Labour)
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Under the Child and Family Act, 2013, the Child and Family Agency has a primary responsibility to promote the safety and well-being of children. An Garda Síochána also has statutory responsibilities for the safety and welfare of children. Full details of all allegations made by the subject of this PQ were sent on 25th February 2014 to the Child and Family Agency in Ennis Co. Clare and to An Garda Síochána, Domestic Violence Sexual Assault Investigation Unit, Harcourt Street, Dublin 2.

Correspondence received from the subject of this PQ was also referred to the State Claims Agency (SCA). The SCA have advised that the person should seek and obtain independent legal advice in relation to any claim he decides to pursue arising from his experiences. I understand that the Agency has also advised him that in the absence of a proven prior complaint in relation to the alleged abuser, it is their view that I, as Minister for Education and Skills, have no liability in respect of his claim.

Michael McNamara (Clare, Labour)
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1202. To ask the Minister for Education and Skills her views that the State has a liability, pursuant to the judgment of the European Court of Human Rights in the O'Keeffe v. Ireland for abuse, whether sexual or non-sexual, suffered by school children in Irish schools; and if she will make a statement on the matter. [30552/15]

Jan O'Sullivan (Limerick City, Labour)
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In its response to the European Court of Human Rights (ECtHR) judgment, the Government agreed in December 2014 that out of court settlements be offered in those extant cases of school child sexual abuse being brought against the State where the cases come within the terms of the ECtHR judgment and satisfy the Statute of Limitations. Subsequently, in July of this year, the Government approved proposals to offer ex-gratia payments up to a maximum of €84,000 to those who initiated legal proceedings in cases of school child sexual abuse against the State but who subsequently discontinued their claims against the State where, similarly, the circumstances of the claims come within the terms of the ECtHR judgment and where the claims were not statute barred prior to the proceedings being discontinued. To be eligible for the above settlement or payment arrangements cases must involve sexual abuse of a school child by a primary or second level school employee in respect of whom there was a prior complaint of sexual abuse to a school authority (including an authority of a school in which the teacher had previously taught), prior to the issue of the Department of Education guidelines to primary and post-primary schools in 1991 and 1992 respectively. This rationale has been adopted as it is the basis of the ECtHR judgment.