Carol Nolan (Offaly, Sinn Fein)
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140. To ask the Minister for Justice and Equality if there are currently time limits set down by legislation, during which a survivor of school child sex abuse may take a case before the courts; if there are any circumstances in which this can be set aside in the interests of justice; and if she will make a statement on the matter. [31847/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The limitation period for civil actions arising out of personal injury is generally three years from the date of the injury or, if later, the date on which the victim became aware (or could have become aware) of the injury. Where the injured person was under a disability at the time of the injury or of the date of knowledge, the three-year period does not start to run until the person is no longer under a disability.

However, the Statute of Limitations (Amendment) Act 2000 made important changes to the Statute of Limitations 1957 as it relates to acts of sexual abuse done to a person while a child. As a result of 2000 Act, a victim of child sex abuse is regarded as under a disability if, as a result of that abuse or any other act of the abuser, the person is suffering a psychological injury which substantially impairs his or her ability to make a reasoned decision in relation to bringing the civil action. Thus the three-year period does not start to run in such cases until the victim has recovered sufficiently from the psychological injury to be able to decide whether to bring the action.

These changes were intended to strike an appropriate balance between the right of the victim of child sex abuse to seek redress from the perpetrator once he or she has overcome the trauma of that abuse sufficiently to be able to commence proceedings, on the one hand, and the rights of people generally to be protected against stale claims, on the other. The courts hearing such a claim are best placed to judge how the change made in the 2000 Act applies in the particular case and it is open to the parties to adduce evidence of whatever criminal proceedings may be relevant to the civil proceedings.

While I hope this information will be of some assistance to the Deputy, it would be very much advised that any person seeking redress as a victim of child sex abuse under the provisions of the 2000 Act have the benefit of independent legal advice as appropriate to the specific circumstances of his or her case.