Written answers

Tuesday, 25 October 2016

Department of Education and Skills

Child Abuse

Photo of Carol NolanCarol Nolan (Offaly, Sinn Fein)
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216. To ask the Minister for Education and Skills the terms of the scheme of compensation for payments to survivors of school child sex abuse; and if he will make a statement on the matter. [31844/16]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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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 would 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 2015, 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. Persons who believe that their cases come within the criteria can contact the SCA and provide supporting evidence.

Photo of Carol NolanCarol Nolan (Offaly, Sinn Fein)
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217. To ask the Minister for Education and Skills 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 he will make a statement on the matter. [31845/16]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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The various legislation dealing with the Statute of Limitations generally provides that an injured party has two years from the date of cause of action arose to initiate a personal injuries claim.

When a claim involves a minor, the date of knowledge of an injury is in fact the minor victim's eighteenth birthday i.e. the Statute of Limitations for personal injury claims in Ireland for children does not start until the child reaches his or her majority (eighteen years of age).

The legislation also provides that if a person is under a disability such that they are not in a position to initiate a claim, the two year period only commences once they cease to be under the disability.  A person is also deemed to be under a disability if she/he is suffering from a psychological injury that was caused by sexual abuse perpetrated by the wrongdoer and which is of such significance that the victim's will or ability to decide to bring proceedings is substantially impaired. 

As well as the aforementioned exception to the two year limit on the period allowed to take a personal injuries claim, if the injured party had no knowledge that their injury was caused by the wrong committed by another person, the two year time period only commences on the date they first had that knowledge.

Photo of Carol NolanCarol Nolan (Offaly, Sinn Fein)
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218. To ask the Minister for Education and Skills if he has met with any survivors of school child sex abuse in his capacity as Minister; if not, his plans to do so; and if any such requests were made to his office. [31846/16]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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Since my appointment as Minister for Education and Skills I have received a number of requests for meetings with individuals, groups or organisations to discuss issues relating to the abuse of children in various educational settings and related matters. For the Deputy's information in early November I will, at their request, be meeting members of a group that represents persons who were abused in residential institutions.

As I explained to the Deputy in an earlier response, officials of my Department meet, as required, with individual former residents of industrial schools, with persons who may have been abused in school settings and with groups representing former residents.

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