Written answers

Tuesday, 26 January 2016

Department of Education and Skills

European Court of Human Rights Judgments

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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433. To ask the Minister for Education and Skills if she has discussed the impact of the European Court of Human Rights judgment in the O'Keeffe v. Ireland case recently; and if she will make a statement on the matter. [2958/16]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I would like to assure the Deputy that I have discussed this matter with my Cabinet colleagues. The Deputy may be aware that under the European Convention on Human Rights system, states' implementation of judgments are supervised by the Committee of Ministers. Supervision of Ireland's implementation of the O'Keeffe judgment is being done under the enhanced method of supervision which requires the State to file Action Plans with the Council of Europe. To date Ireland has filed 3 Action Plans with the Council of Europe outlining the steps being taken to implement the ECHR judgment; the next (4th) Action Plan is due to be submitted on 28 January 2016.

In terms of an ongoing dialogue, my most recent discussion with my Cabinet colleagues was earlier this month when the 4th draft action plan was discussed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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434. To ask the Minister for Education and Skills if she has sought legal advice on the European Court of Human Rights judgment in the O'Keeffe v. Ireland case; and if she will make a statement on the matter. [2959/16]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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My Department has obtained legal advice in association with the Attorney General on the implications of the European Court of Human Rights (ECHR) judgement for cases current at the time of the judgement and new school child abuse cases. The Government subsequently 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 ECHR judgment and satisfy the Statute of Limitations.

In July of 2015, the Government approved proposals to offer ex gratiapayments 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 ECHR judgment and where the claims were not statute barred prior to the proceedings being discontinued.

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