Written answers

Wednesday, 11 November 2020

Department of Education and Skills

European Court of Human Rights

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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127. To ask the Minister for Education and Skills the status of the ex gratia payment scheme pursuant to the 2014 judgment of the European Court of Human Rights in the O’Keeffe case and the subsequent review in 2019 of the judgment and scheme by a person (details supplied); and if she will make a statement on the matter. [35548/20]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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As you are aware, the ex gratia scheme was established on foot of the specific circumstances arising from and in response to the judgment of the European Court of Human Rights (ECtHR) relating to Louise O'Keeffe.

The Department undertook a review of the scheme in response to a determination by the Independent Assessor, Mr Justice Iarfhlaith O’Neill that one of the criteria for eligibility is incompatible with the ECtHR judgement.

The issues involved are highly sensitive and complex and require very careful deliberation before proposals can be finalised and brought to Government. It is important to have a more complete awareness of the extent of the problem, the number of people who could potentially be involved the legal implications of any course of action, and an accurate estimate of likely costs before introducing any modifications to the scheme.

The review of the ex-gratia scheme has yet to be concluded

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